Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
39549
André Duchesneau v. Ordre des podiatres 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) |
|---|---|---|
| 2021-07-02 | Close file on Leave | |
| 2021-06-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2021-06-24 | Judgment on leave sent to the parties | |
| 2021-06-24 |
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 application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-10-003788-200, 2020 QCCA 1516, dated November 9, 2020, is dismissed with costs. Dismissed, with costs |
|
| 2021-06-24 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2021-05-25 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-05-25 | Submission of miscellaneous motion, for consideration by the Court | |
| 2021-05-25 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2021-03-12 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-03-15) | Ordre des podiatres du Québec |
| 2021-03-12 | Notice of name, (Letter Form), (Printed version filed on 2021-03-15) | Ordre des podiatres du Québec |
| 2021-03-12 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2021-05-21, (Printed version filed on 2021-03-15) | Ordre des podiatres du Québec |
| 2021-02-16 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Proof of service is required - Rec' 2021-04-12 Filing fee is missing (rec'd 2021-04-30), Completed on: 2021-04-30, (Printed version filed on 2021-02-26) |
André Duchesneau |
| 2021-02-11 | Letter acknowledging receipt of an incomplete application for leave to appeal, File opened 2021-02-11 | |
| 2021-02-11 | Notice of name, (Letter Form), Proof of service - Rec'd 2021-02-11, (Printed version filed on 2021-02-26) | André Duchesneau |
| 2021-01-15 | Notice of miscellaneous motion, (Book Form), Motion for dispensing Security, Completed on: 2021-02-11, (Printed version filed on 2021-02-26) | André Duchesneau |
| 2021-01-15 | Certificate (on limitations to public access), (Letter Form), Amended form 23A - Rec'd electronic copy 2021-02-11, rec'd paper copy 2021-02-26, (Printed version filed on 2021-02-12) | André Duchesneau |
| 2021-01-15 |
Application for leave to appeal, (Book Form), Required: Amended Application for leave to appeal - rec'd electronic & paper copies 2021-02-26 Motion for extension of time - Rec'd 2021-02-16 Amended form 23A - Rec'd electronic copy 2021-02-11, rec'd paper copy 2021-02-26 Proof of service of form 14 - Rec'd 2021-02-11, Completed on: 2021-04-22, (Printed version filed on 2021-02-26) |
André Duchesneau |
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 |
|---|---|---|
| Duchesneau, André | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ordre des podiatres du Québec | Respondent | Active |
Counsel
Party: Duchesneau, André
Counsel
Jérôme Harrisson
2828, boulevard Laurier,
Tour 1, 7e étage
Québec, Quebec
G1V 0B9
Telephone: (418) 462-1010 Ext: 102
FAX: (418) 462-1011
Email: k.plamondon@avoc.ca
Party: Ordre des podiatres du Québec
Counsel
Marie-Hélène Lanctot
1080 côté du Beaver Hall, Bureau 1610
Montréal, Quebec
H2Z 1S8
Telephone: (514) 861-1110 Ext: 226
FAX: (514) 861-1310
Email: jlanctot@lanctotavocats.ca
Summary
Keywords
Charter of Rights — Right to life, liberty and security of person — Full answer and defence — Right to be tried within reasonable time — Unrepresented person — Waiver of delay — Whether rights of any person charged with offence to make full answer and defence under section 7 of Canadian Charter of Rights and Freedoms and to be tried within reasonable time under section 11(b) of Charter were violated because judge based calculation of delay on minutes and refused to listen to CDs of hearing — Whether unrepresented person can make informed decision to waive right to contest delay without having been advised in advance of consequences of person’s acceptance or silence — Whether Court of Appeal judge made patent error in assessing applicant’s motion for leave to appeal by concluding that Superior Court judge had not erred in calculating delays at issue despite fact that that calculation varied appreciably from calculation of Court of Québec judge — Canadian Charter of Rights and Freedoms, ss. 7, 11(b) — Code of Penal Procedure, CQLR, c. C 25.1, art. 291.
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.
In July 2016, the applicant was charged by the Ordre des podiatres du Québec with having contravened s. 188.1 of the Professional Code, CQLR, c. C 26, when he was a director of the “Clinique du pied M D” company. In March 2019, he filed a motion for a stay of proceedings for unreasonable delay under s. 11(b) of the Canadian Charter of Rights and Freedoms. The motion judge reviewed the delays, concluded that the net delay was under the 18 month presumptive ceiling established in R. v. Jordan, 2016 SCC 27, and dismissed the motion. The Superior Court dismissed the applicant’s appeal, as it agreed that the net delay was under the presumptive ceiling. The Court of Appeal dismissed the applicant’s motion for leave to appeal.
Lower court rulings
Superior Court of Quebec
200-36-002843-191, 200-36-002864-197
Appeal dismissed
Court of Appeal of Quebec (Québec)
200-10-003788-200, 2020 QCCA 1516
Motion for leave to 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