Case information
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39027
Ezmie Bouchard v. Attorney General of Canada
(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) |
|---|---|---|
| 2020-12-01 | Close file on Leave | |
| 2020-12-01 | Correspondence (sent by the Court) to, all parties, Re: certificate of taxation | |
| 2020-12-01 | Certificate of taxation issued to, Mr. Claude Joyal | |
| 2020-12-01 | Decision on the bill of costs, in the amount of $1,656.77, DeRg | |
| 2020-12-01 | Submission of the bill of costs, DeRg | |
| 2020-10-13 | Bill of costs, Completed on: 2020-10-13 | Attorney General of Canada |
| 2020-04-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-04-24 | Judgment on leave sent to the parties | |
| 2020-04-23 |
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 (Québec), Number 200-09-009767-184, 2019 QCCA 2067, dated November 21, 2019, is dismissed with costs. Dismissed, with costs |
|
| 2020-03-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-02-24 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Canada |
| 2020-02-24 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-02-24 | Attorney General of Canada |
| 2020-01-27 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2020/01/27 | |
| 2020-01-17 | Certificate (on limitations to public access), (Included in the application for leave to appeal) | Ezmie Bouchard |
| 2020-01-17 | Application for leave to appeal, (Book Form), MISSING: Signed lower court decisions, Completed on: 2020-03-25 | Ezmie Bouchard |
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 |
|---|---|---|
| Bouchard, Ezmie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Bouchard, Ezmie
Counsel
Maxime Guérlin
Julien Fortier
686 Grande-Allée Est
Bureau 301
Québec, Quebec
G1R 2K5
Telephone: (418) 780-3880 Ext: 301
FAX: (418) 780-3881
Email: christian@sarailis.ca
Party: Attorney General of Canada
Counsel
Ian Demers
Complexe Guy-Favreau
200, boul. René-Lévesque Ouest, Tour Est, 9ième étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-4934
FAX: (514) 283-9690
Email: Claude.Joyal@justice.gc.ca
Agent
50 O'Connor Street
Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Courts — Jurisdiction — Superior Court — Application for authorization to institute class action on behalf of persons affected by errors in Phoenix system — Whether enactment of s. 236 of Federal Public Sector Labour Relations Act (S.C. 2003, c. 22, s. 2) completely eliminated Superior Court’s residual jurisdiction where grievance process does not allow parties to obtain appropriate remedy — If such is case, whether absence of appropriate remedy can result from factual situation — Where this question is raised at authorization stage, whether it must be decided on basis of criteria in art. 575(2) of Code of Civil Procedure or criteria applicable on merits.
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 applicant, Ms. Bouchard, applied to the Superior Court for authorization to institute a class action on behalf of all persons who had been affected — as she had — by one or more errors in the Phoenix system while they were employed by the Government of Canada.
The Superior Court authorized the class action, but it was of the view that the class covered by the action should be defined by excluding persons subject to the grievance process under ss. 206 et seq. of the Federal Public Sector Labour Relations Act. The Court of Appeal unanimously dismissed the appeal filed by Ms. Bouchard to try to broaden the class, among other things. It agreed with the application judge’s reasons.
Lower court rulings
Superior Court of Quebec
200-09-000214-174, 2018 QCCS 1486
Class action authorized; applicant appointed as representative plaintiff; conclusions sought in action identified
Court of Appeal of Quebec (Québec)
200-09-009767-184, 2019 QCCA 2067
Appeal dismissed
Filed documents
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 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 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
Not available
Related links
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
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books 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 condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available