Case information
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38537
Serge Amzallag, et al. v. Ville de Sainte-Agathe-des-Monts
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2020-08-28 | Close file on Leave | |
| 2020-08-26 | Correspondence (sent by the Court) to, all parties, Re: certificate of taxation | |
| 2020-08-26 | Certificate of taxation issued to, Sébastien Dorion | |
| 2020-08-26 | Decision on the bill of costs, in the amount of $1,680.92, DeRg | |
| 2020-08-26 | Submission of the bill of costs, DeRg | |
| 2019-10-15 | Bill of costs, (Letter Form), Completed on: 2019-10-15 | Ville de Sainte-Agathe-des-Monts |
| 2019-07-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-07-05 | Judgment on leave sent to the parties | |
| 2019-07-04 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The motion for a stay of execution is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-026030-163, 2018 QCCA 1439, dated September 17, 2018, is dismissed with costs. Dismissed, with costs |
|
| 2019-07-04 |
Decision on the motion for a stay of execution, See decision on Application. Dismissed |
|
| 2019-07-04 |
Decision on motion to extend time to file and /or serve the leave application, See decision on Application. Granted |
|
| 2019-06-07 | Supplemental document, (Letter Form), Procès-Verbal 755-17-002366-162 | Serge Amzallag |
| 2019-06-07 | Supplemental document, (Letter Form), 2018 QCCM 57 | Serge Amzallag |
| 2019-05-30 | Correspondence (sent by the Court) to, the applicants; Reply to motion for stay not accepted for filing. | |
| 2019-05-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-05-21 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2019-05-21 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2019-05-13 | Reply to motion for a stay of execution, NOT ACCEPTED FOR FILING, Completed on: 2019-05-30 | Serge Amzallag |
| 2019-05-02 | Response to the motion for a stay of execution, (Letter Form), Completed on: 2019-05-02 | Ville de Sainte-Agathe-des-Monts |
| 2019-04-23 | Motion for a stay of execution, (Book Form), Completed on: 2019-04-23 | Serge Amzallag |
| 2019-04-23 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2019-04-23 | Serge Amzallag |
| 2019-04-10 | Certificate (on limitations to public access), (Letter Form), Form 23A | Ville de Sainte-Agathe-des-Monts |
| 2019-04-10 | Notice of name, (Letter Form) | Ville de Sainte-Agathe-des-Monts |
| 2019-04-10 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2019-04-10 | Ville de Sainte-Agathe-des-Monts |
| 2019-03-11 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2019/03/11 | |
| 2019-01-22 | Certificate (on limitations to public access), (Letter Form) | Zipora Milstain Amzallag |
| 2019-01-22 | Certificate (on limitations to public access), (Letter Form) | Serge Amzallag |
| 2019-01-22 | Book of authorities, (Book Form), Completed on: 2019-01-22 | Serge Amzallag |
| 2019-01-22 | Application for leave to appeal, (Book Form), (2 volumes), Signed SCQC judgment missing-rec'd 2019/04/23; Signed QCCA decision rec'd 2019/03/18, Completed on: 2019-04-23 | Serge Amzallag |
| 2018-12-17 | Letter requesting further materials; Court file number not assigned | |
| 2018-11-16 | Letter acknowledging receipt of an application for leave to appeal, Acknowledging receipt of motion | |
| 2018-11-16 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), 4 copies missing-rec'd 2019/01/22, Completed on: 2019-01-22 | Serge Amzallag |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Amzallag, Serge | Applicant | Active |
| Milstain Amzallag, Zipora | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ville de Sainte-Agathe-des-Monts | Respondent | Active |
Counsel
Party: Amzallag, Serge
This party is not represented by counsel.
Party: Milstain Amzallag, Zipora
This party is not represented by counsel.
Party: Ville de Sainte-Agathe-des-Monts
Counsel
800, Square Victoria
Bureau 4300, C.P. 303
Montréal, Quebec
H4Z 1H1
Telephone: (514) 866-6743
FAX: (514) 866-8854
Email: sdorion@duntonrainville.com
Summary
Keywords
Charter — Canadian Charter of Rights and Freedoms — Charter of human rights and freedoms — Right to be secure against unreasonable search or seizure — Civil Code of Québec, CQLR, c. CCQ 1991, art. 2858 — Evidence obtained in manner that infringed or denied any guaranteed rights or freedoms — Bringing administration of justice into disrepute — Municipal law — Act respecting land use planning and development, CQLR, c. A 19.1, ss. 227 and 231 — Carrying out of required work — Demolition — Whether art. 2858 of Civil Code of Québec allows unlawfully obtained evidence to be filed.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The applicants owned a series of buildings in Ville de Sainte Agathe des Monts (“town”). Between 2010 and 2012, the town conducted several exterior inspections of the buildings. It concluded that they were in a state of disrepair and that they constituted a danger to anyone wishing to live in them. The town sought an order for the demolition of several of the applicants’ buildings under ss. 227 and 231 of the Act respecting land use planning and development, CQLR, c. A 19.1. In preparation for the hearing of its principal action on the merits, and despite the female applicant’s refusal, the town inspected the interior of the buildings. The town’s representatives used the services of a locksmith to gain entry to certain buildings and entered some units through a window.
Lower court rulings
Superior Court of Quebec
2016 QCCS 1188, 700-17-009284-125
Town’s action allowed in part with legal costs
Court of Appeal of Quebec (Montréal)
2018 QCCA 1439, 500-09-026030-163
Appeal dismissed with legal costs
Court of Appeal of Quebec (Montréal)
2019 QCCA 29, 500 09 025797 150, 500 09 026030 163
Motion to stay execution of judgments dismissed with legal costs
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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