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Case information

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39677

Samuel Cozak v. Barreau du Québec

(Quebec) (Civil) (By Leave)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2021-11-09 Close file on Leave
2021-11-04 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2021-11-04 Judgment on leave sent to the parties
2021-11-04 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 500-09-029482-213, 2021 QCCA 776, dated May 7, 2021, is dismissed with costs.
Dismissed, with costs
2021-09-27 All materials on application for leave submitted to the Judges, for consideration by the Court
2021-09-09 Certificate (on limitations to public access), (Letter Form), Proof of service require, rec'd 2021-09-28 , (Printed version filed on 2021-09-13) Barreau du Québec
2021-09-09 Notice of name, (Letter Form), Proof of service require, rec'd 2021-09-28 , (Printed version filed on 2021-09-13) Barreau du Québec
2021-07-21 Respondent's response on the application for leave to appeal, (Letter Form), require: form 14, 23A rec'd 2021-09-09, Completed on: 2021-09-23, (Electronic version filed on 2021-09-07) Barreau du Québec
2021-06-07 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2021-06-07
2021-05-12 Certificate (on limitations to public access) Samuel Cozak
2021-05-12 Application for leave to appeal, (Book Form), Filing fee require (rec'd 2021-06-28), Completed on: 2021-09-07, (Printed version due on 2021-05-19) Samuel Cozak

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

Main parties - Appellants
Name Role Status
Cozak, Samuel Applicant Active

v.

Main parties - Respondents
Name Role Status
Barreau du Québec Respondent Active

Counsel

Party: Cozak, Samuel

Counsel
Name
Stéphane Harvey
Contact information
Stéphane Harvey Avocat inc.
2828 boulevard Laurier
Tour 1, 7e étage
Québec, Quebec
G1V 0B9
Telephone: (418) 263-4805
FAX: (418) 263-4806
Email: stharvey15@yahoo.ca

Party: Barreau du Québec

Counsel
Name
Geneviève Boisvert
Contact information
Clyde & Co Canada LLP
630 boulevard René-Lévesque Ouest
Bureau 1700
Montréal, Quebec
H3B 1S6
Telephone: (514) 687-7603
FAX: (514) 843-6110
Email: genevieve.boisvert@clydeco.ca

Summary

Keywords

Law of professions — Lawyers — Access to profession — Administrative law — Interlocutory injunction — Re entry on Roll of Order of Barreau du Québec — Whether applicant established strong prima facie case, irreparable harm and balance of convenience in his favour — Whether Court of Appeal erred in refusing to intervene — Act respecting the Barreau du Québec, CQLR, c. B 1, ss. 45, 46 and 61.

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 December 2019, the applicant, who had a bachelor of law degree, was convicted of assaulting a correctional officer. After passing the examination of the École du Barreau in 2020, he requested entry on the Roll of the Order (“Roll”) of the Barreau du Québec (“Barreau”). On December 18, 2020, the applicant was sworn in and entered on the Roll. On December 23, 2020, the Barreau informed him that his entry on the Roll was being revoked because he had been sworn in before the committee for access to the profession made a decision on his admission. The applicant applied for an interlocutory injunction in order to be re entered on the Roll. The Quebec Superior Court dismissed the application for an interlocutory injunction. The Quebec Court of Appeal dismissed the applicant’s motion for leave to appeal.

Lower court rulings

April 14, 2021
Superior Court of Quebec

500-17-115098-207

Applicant’s application for interlocutory injunction dismissed

May 7, 2021
Court of Appeal of Quebec (Québec)

2021 QCCA 776, 500-09-029482-213

Applicant’s 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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

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 613-996-8666 or at 1-844-365-9662.

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

Webcasts

Not available.

Date modified: 2025-02-27