Case information
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38722
A v. Directrice de la protection de la jeunesse du CIUSSS A, et al.
(Quebec) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2020-01-13 | Close file on Leave | |
| 2019-11-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-11-29 | Judgment on leave sent to the parties | |
| 2019-11-28 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-08-000532-194, 2019 QCCA 768, dated April 30, 2019, is dismissed without costs. Kasirer J. took no part in the judgment. Dismissed, without costs |
|
| 2019-10-21 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2019-10-15 | Correspondence received from, (Letter Form), Rule 92.1 | A |
| 2019-10-11 | Correspondence received from, (Letter Form), Rule 92.1 | B |
| 2019-10-09 | Correspondence received from, (Letter Form), Rule 92.1 | A |
| 2019-09-03 | Certificate (on limitations to public access), (Letter Form), 23B | B |
| 2019-09-03 | Certificate (on limitations to public access), (Letter Form), 23A | B |
| 2019-09-03 | Respondent's response on the application for leave to appeal, (Letter Form), Missing: Proof of service (rec' 10/17/19), Completed on: 2019-10-22 | B |
| 2019-08-15 | Notice of name, (Letter Form) | Directrice de la protection de la jeunesse du CIUSSS A |
| 2019-08-15 | Certificate (on limitations to public access), (Letter Form), 23B | Directrice de la protection de la jeunesse du CIUSSS A |
| 2019-08-15 | Certificate (on limitations to public access), (Letter Form), 23A | Directrice de la protection de la jeunesse du CIUSSS A |
| 2019-08-01 |
Respondent's response on the application for leave to appeal, (Letter Form), MISSING: 23A, 23B, Notice of Name ( all rec' 08/15/19) Electronic Copy ( all rec' 08/14/19), 6 redacted copies provided Missing: proof of service on other respondents (rec' 10/21/19), Completed on: 2019-10-22 |
Directrice de la protection de la jeunesse du CIUSSS A |
| 2019-07-24 | Letter advising parties of a complete application for leave to appeal, RESTRICTED; FILE OPENED 2019/07/24 | |
| 2019-06-28 | Letter acknowledging receipt of an application for leave to appeal, RESTRICTED | |
| 2019-06-24 | Certificate (on limitations to public access), (Letter Form), RESTRICTED; 23B | A |
| 2019-06-24 | Certificate (on limitations to public access), (Letter Form), RESTRICTED; 23A | A |
| 2019-06-24 | Application for leave to appeal, (Book Form), RESTRICTED, Completed on: 2019-06-24 | A |
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 |
|---|---|---|
| A | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Directrice de la protection de la jeunesse du CIUSSS A | Respondent | Active |
| B | Respondent | Active |
| X | Respondent | Active |
| Y | Respondent | Active |
Counsel
Party: A
This party is not represented by counsel.
Party: Directrice de la protection de la jeunesse du CIUSSS A
Counsel
410 de Bellechasse Street East
3rd Floor
Montréal, Quebec
H2S 1X3
Telephone: (514) 948-6550
FAX: (514) 948-6582
Email: laura.brochu.ccsmtl@ssss.gouv.qc.ca
Party: B
Counsel
8355A blvd. St-Laurent
Montréal, Quebec
H2P 2Z6
Telephone: (514) 814-4540
FAX: (514) 271-8005
Email: younes@ameurmurias.com
Party: X
Counsel
408 McGill Street
Montréal, Quebec
H2Y 2G1
Telephone: (514) 879-9201
FAX: (514) 879-9091
Email: cdusablon@aldd.ca
Party: Y
Counsel
408 McGill Street
Montréal, Quebec
H2Y 2G1
Telephone: (514) 879-9201
FAX: (514) 879-9091
Email: cdusablon@aldd.ca
Summary
Keywords
Status of persons — Child protection — Protective measures — Foster care — Civil procedure — Appeals — Superior Court granting motion to dismiss appeal and dismissing the appeal because it had no reasonable chance of success — Court of Appeal granting motion to dismiss appeal and dismissing appeal because of the failure to apply for leave to appeal and to raise any question of law — Whether the Court of appeal erred in finding that the appeal was improperly initiated and raised no question of law — Youth Protection Act, CQLR c P-34.1, s. 115.
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.
(PUBLICATION BAN IN CASE) (PUBLICATION BAN ON PARTY) (COURT FILE CONTAINS INFORMATION THAT IS NOT AVAILABLE FOR INSPECTION BY THE PUBLIC)
The applicant, Mr. A, and the respondent, Ms. B, are the parents of X, born in 2012, and Y, born in 2010. The Director of Youth Protection became involved with the family in 2013 in light of incidents of conjugal violence and signs of neglect. In 2014, the Court of Quebec first declared compromised the security and development of both girls and ordered protective measures. In 2018, the Court of Quebec dismissed A’s motion to reopen the hearing and declared it abusive, declared A vexatious litigant, and extended for 18 months the protective measures pertaining to X and Y. The Superior Court summarily dismissed A’s appeal, since in absence of an error of law or a palpable or overriding error of fact by the trial judge, A’s appeal did not have any reasonable chance of success. The Court of Appeal of Quebec summarily dismissed A’s appeal. The court determined that the appeal was improperly initiated since A failed to seek leave, and found that even if leave had been sought, the court would still have declined to grant it, since no questions of law having sufficient interest were raised.
Lower court rulings
Court of Quebec
2018 QCCQ 8707
Motion to reopen hearing dismissed and declared abusive; motion to declare A vexatious litigant granted; motion to extend protective measures for eighteen months granted; children X and Y entrusted to foster families; exercise of certain attributes of parental authority withdrawn from A; terms of parent child contact ordered; without costs.
Superior Court of Quebec
2019 QCCS 1662, 500-24-000316-181, 525-41-027735-133
Motion to dismiss the appeal granted without costs; appeal dismissed without costs.
Court of Appeal of Quebec (Montréal)
2019 QCCA 768, 500-08-000532-194
Motion to dismiss the appeal granted without costs; appeal dismissed without costs.
Memorandums of argument on application for leave to appeal
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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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