Case information
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39400
Marie-Claude Hogue, en sa qualité de liquidatrice de la succession d’André Hogue, et al. v. Procureur général du Québec
(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) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2021-02-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-02-26 | Judgment on leave sent to the parties | |
| 2021-02-25 |
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 200-09-009920-189, 2020 QCCA 1081, dated August 25, 2020, is dismissed without costs. Dismissed, without costs |
|
| 2021-01-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-12-11 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2020-12-18) | Procureur général du Québec |
| 2020-12-11 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2020-12-11, (Printed version due on 2020-12-18) | Procureur général du Québec |
| 2020-12-07 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2020-12-14) | Marie-Claude Hogue, en sa qualité de liquidatrice de la succession d’André Hogue |
| 2020-11-26 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 11/26/20 | |
| 2020-11-10 | Book of authorities, (Book Form), (5 volumes), Completed on: 2020-11-10, (Printed version due on 2020-11-18) | Marie-Claude Hogue, en sa qualité de liquidatrice de la succession d’André Hogue |
| 2020-11-10 | Application for leave to appeal, (Book Form), Missing: Form 23A (rec' 12/07/20), Completed on: 2021-01-07, (Printed version due on 2020-11-18) | Marie-Claude Hogue, en sa qualité de liquidatrice de la succession d’André Hogue |
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 |
|---|---|---|
| Marie-Claude Hogue, en sa qualité de liquidatrice de la succession d’André Hogue | Applicant | Active |
| Marie-Claude Hogue, personnellement et en sa qualité de tutrice à son enfant mineur Gabriel Hogue-Choquette | Applicant | Active |
| Hogue-Choquette, Simon | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Procureur général du Québec | Respondent | Active |
Counsel
Party: Marie-Claude Hogue, en sa qualité de liquidatrice de la succession d’André Hogue
Counsel
Francis Fortin
1195 av de Lavigerie, bureau 2000
Ste-Foy, Quebec
G1V 4N3
Telephone: (418) 658-9966
FAX: (418) 658-6100
Email: mboulanger@tremblaybois.ca
Party: Marie-Claude Hogue, personnellement et en sa qualité de tutrice à son enfant mineur Gabriel Hogue-Choquette
Counsel
Francis Fortin
1195 av de Lavigerie, bureau 2000
Ste-Foy, Quebec
G1V 4N3
Telephone: (418) 658-9966
FAX: (418) 658-6100
Email: mboulanger@tremblaybois.ca
Party: Hogue-Choquette, Simon
Counsel
Francis Fortin
1195 av de Lavigerie, bureau 2000
Ste-Foy, Quebec
G1V 4N3
Telephone: (418) 658-9966
FAX: (418) 658-6100
Email: mboulanger@tremblaybois.ca
Party: Procureur général du Québec
Counsel
Jonathan Branchaud
300, boul. Jean-Lesage
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3524
FAX: (418) 646-1656
Email: alexie.lafond-veilleux@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Summary
Keywords
Civil liability — Causation — Moral injury — Damages — Punitive damages — Whether there is causal link between, on one hand, fault of police officers that resulted in exclusion of evidence and acquittal of accused in criminal trial for murder and, on other hand, moral injury suffered by victim and members of his family as result of acquittal — Whether Superior Court and Court of Appeal erred in requiring proof that accused would have been found guilty at trial were it not for officers’ fault — Whether officers’ conduct infringed applicants’ right to security provided for in Canadian Charter of Rights and Freedoms and Charter of human rights and freedoms, CQLR, c. C 12 — Whether award of punitive damages is possible under section 49 of Charter of human rights and freedoms.
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.
André Hogue died in 2006 after being shot in the head. His spouse, Armande Côté, was charged with his murder. At her trial, Ms. Côté presented a motion to exclude evidence, alleging numerous violations of her constitutional rights by Sûreté du Québec officers in the course of their investigation. The motion was granted, most of the evidence was excluded and Ms. Côté was acquitted. The Quebec Court of Appeal allowed the Crown’s appeal and ordered a new trial, but Ms. Côté was ultimately successful in the Supreme Court of Canada, which restored the acquittal in 2011.
Following the Supreme Court’s decision, the applicants brought an action against the Attorney General of Quebec, alleging that the acquittal of Ms. Côté, which was the result of wrongful conduct on the officers’ part, had caused them injury and had infringed their right to security. They also claimed punitive damages.
The Quebec Superior Court dismissed the action, holding that there was no causal link between the officers’ fault and the applicants’ injury. The Quebec Court of Appeal unanimously dismissed the applicants’ appeal.
Lower court rulings
Superior Court of Quebec
200-17-021022-140, 2018 QCCS 4993
Action for damages dismissed
Court of Appeal of Quebec (Québec)
200-09-009920-189, 2020 QCCA 1081
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