Case information
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39732
Ramzi Daniel v. Ville de Mont-Saint-Hilaire, et al.
(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) |
|---|---|---|
| 2022-11-03 | Close file on Leave | |
| 2022-11-02 | Correspondence (sent by the Court) to, both parties, RE: Certificate of Taxation | |
| 2022-11-02 | Certificate of taxation issued to, Steve Cadrin | |
| 2022-11-02 | Decision on the bill of costs, in the amount of $864.80, Reg | |
| 2022-11-02 | Submission of the bill of costs, Reg | |
| 2022-07-21 | Bill of costs, (Letter Form), Missing: Filing Fee (rec' 10/04/22), Completed on: 2022-10-25, (Printed version filed on 2022-07-25) | Ville de Mont-Saint-Hilaire |
| 2022-03-24 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-03-24 | Judgment on leave sent to the parties | |
| 2022-03-24 | Correspondence (sent by the Court) to, Material submitted by the Applicant on 2022-03-21 were not accepted for filing pursuant to Rule 32(2) of SCC rules | |
| 2022-03-24 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the response to the application for leave to appeal, filed by WSP Canada inc., is granted. The miscellaneous motion filed by the applicant, is dismissed. The motion for an extension of time to serve and file a response to the miscellaneous motion, filed by Ville de Mont Saint-Hilaire, is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-029211-208, 2021 QCCA 20, dated January 8, 2021, is dismissed with costs to the respondents, Ville de Mont Saint-Hilaire, Attorney General of Quebec and P. Talbot inc. Dismissed, with costs |
|
| 2022-03-24 |
Decision on motion to extend time, See decision on application. Granted |
|
| 2022-03-24 |
Decision on the miscellaneous motion, See decision on application. Dismissed |
|
| 2022-02-07 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-02-07 | Submission of miscellaneous motion, for consideration by the Court | |
| 2022-02-07 | Submission of motion to extend time, for consideration by the Court | |
| 2022-02-03 | Motion to extend time, (Book Form), Motion for extension of time to serve and file WSP's response (filed jointly in 39732 & 39733), Completed on: 2022-02-03 | WSP Canada Inc. |
| 2021-12-16 | Correspondence received from, (Letter Form), (Electronic version filed on 2021-12-16) | Ramzi Daniel |
| 2021-12-15 | Correspondence received from, (Letter Form), (Electronic version filed on 2021-12-15) | Ramzi Daniel |
| 2021-12-02 | Response to motion to extend time, (Letter Form), (Included in the correspondence received from), With respect to the respondent Ville de Mont-Saint-Hilaire's request for an extension of time, please be advised that the AGQ supports this request., Completed on: 2022-02-03, (Printed version due on 2021-12-09) | Attorney General of Quebec |
| 2021-12-02 | Correspondence received from, (Letter Form), AGQ defers to the response of the respondent Ville de Mont-Saint-Hilaire with respect to the applicant's request for a stay order., (Printed version due on 2021-12-09) | Attorney General of Quebec |
| 2021-12-01 |
Motion to extend time, (Book Form), notice of motion by the respondent city of mont-saint-hilaire in support of its motion for an extension of time received: affidavit of Me Steve Cadrin (rec'd 2021-12-02), Completed on: 2022-02-02, (Printed version filed on 2021-12-01) |
Ville de Mont-Saint-Hilaire |
| 2021-12-01 | Response to miscellaneous motion, (Letter Form), City of Mont-Saint-Hilaire's response to a motion for a stay order by the applicant, Completed on: 2022-02-02, (Printed version filed on 2021-12-01) | Ville de Mont-Saint-Hilaire |
| 2021-11-24 | Correspondence received from, (Letter Form), (Electronic version filed on 2021-11-24) | Ramzi Daniel |
| 2021-10-18 | Notice of miscellaneous motion, (Book Form), (Included in the applicant's reply to respondent's argument), Motion for an order for an immediate and/or retroactive suspension to the date of 1-16-2020 of the Expropriation proceedings at the "Tribunal Administratif du Québec"., Completed on: 2021-11-10, (Printed version filed on 2021-10-18) | Ramzi Daniel |
| 2021-10-18 | Applicant's reply to respondent's argument, (Book Form), joint reply to both responses, Completed on: 2021-11-09, (Printed version filed on 2021-10-18) | Ramzi Daniel |
| 2021-10-13 | Certificate (on limitations to public access), (Letter Form), require: service | WSP Canada Inc. |
| 2021-10-13 | Notice of name, (Letter Form), require: service | WSP Canada Inc. |
| 2021-08-16 |
Supplemental document, (Book Form), require: service (rec'd 2021-10-13) supplemental document 01: Annexe A - Cour Supérieure supplemental document 02: Annexe B - Cour Supérieure supplemental document 03: Annexe C - Cour Supérieure filed jointly between file 39732 & 39733, (Printed version filed on 2021-08-16) |
WSP Canada Inc. |
| 2021-08-16 |
Respondent's response on the application for leave to appeal, (Letter Form), require: -motion for extension of time (rec'd 2022-02-03) -service upon applicant (rec'd 2021-10-13) -service upon respondent, registrar of the registration division of rouville (rec'd 2021-10-13) -form 14 (rec'd 2021-10-13) -form 23A (rec'd 2021-10-13) filed jointly between file 39732 & 39733, Completed on: 2022-02-03, (Printed version filed on 2021-08-16) |
WSP Canada Inc. |
| 2021-08-12 | Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2021-08-13) | Ville de Mont-Saint-Hilaire |
| 2021-08-12 | Notice of name, (Letter Form), (Printed version filed on 2021-08-13) | Ville de Mont-Saint-Hilaire |
| 2021-08-12 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2021-09-07, (Printed version due on 2021-08-19) | Ville de Mont-Saint-Hilaire |
| 2021-08-11 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-08-18) | Attorney General of Quebec |
| 2021-08-11 | Respondent's response on the application for leave to appeal, (Letter Form), require: proof of service upon all parties (rec'd proof of service upon certain parties 2021-11-10; rec'd confirmation that the AGQ represents the "Officier de la publicité des droits devant les tribunaux québécois" 2021-11-19), Completed on: 2022-02-02, (Printed version filed on 2021-08-13) | Attorney General of Quebec |
| 2021-08-09 |
Supplemental document, (Letter Form), Supplemental document 01: Superior Court, Minutes, 750-17-003691-205 Supplemental document 02: Court of Appeal, Annexes 1-2, 500-09-029211-208, (Printed version filed on 2021-08-12) |
P. Talbot Inc. |
| 2021-08-09 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2021-08-16) | P. Talbot Inc. |
| 2021-08-09 | Notice of name, (Letter Form), (Printed version due on 2021-08-16) | P. Talbot Inc. |
| 2021-08-09 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2021-08-11, (Printed version due on 2021-08-16) | P. Talbot Inc. |
| 2021-07-20 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 07/20/21 | |
| 2021-03-09 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form , (Printed version due on 2021-03-16) | Ramzi Daniel |
| 2021-03-09 | Application for leave to appeal, (Book Form), (3 volumes), Missing: Filing Fee(rec'd 2021-07-27), Completed on: 2021-12-17, (Printed version due on 2021-03-16) | Ramzi Daniel |
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 |
|---|---|---|
| Daniel, Ramzi | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ville de Mont-Saint-Hilaire | Respondent | Active |
| WSP Canada Inc. | Respondent | Active |
| P. Talbot Inc. | Respondent | Active |
| Attorney General of Quebec | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Registrar of the Registration Division of Rouville | Intervener | Active |
Counsel
Party: Daniel, Ramzi
This party is not represented by counsel.
Party: Ville de Mont-Saint-Hilaire
Counsel
Jean-Pierre Baldassare
Caroline Charron
2955, rue Jules-Brillant, Bureau 301
Laval, Quebec
H7P 6B2
Telephone: (514) 392-5725
FAX: (514) 331-0514
Email: scadrin@dhcavocats.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: WSP Canada Inc.
Counsel
Laurence Ste-Marie
2000, avenue McGill College
Bureau 1700
Montréal, Quebec
H3A 3H3
Telephone: (514) 982-4545
FAX: (514) 284-2046
Email: estpierre@woods.qc.ca
Party: P. Talbot Inc.
Counsel
1395, rue Daniel-Johnson Est
bureau 600
Saint-Hyacinthe, Quebec
J2S 7Y6
Telephone: (450) 773-8445 Ext: 308
FAX: (450) 773-2112
Email: jpboileau@jurisylvestre.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of Quebec
Counsel
1 rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51521
FAX: (514) 873-7074
Email: stephanie.garon@justice.gouv.qc.ca
Agent
225, montée Paiement, 2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Registrar of the Registration Division of Rouville
This party is not represented by counsel.
Summary
Keywords
Judgments and orders — Judgments rendered in the course of a proceeding — Recusation — Revocation — Stay of proceedings — Ongoing expropriation proceedings before multiple forums opposing applicant and respondent municipality — Applicant unsuccessfully seeking various forms of interim relief in context of most recent application for judicial review — Leave to appeal interim orders denied — Whether principles for leave to appeal were properly applied in the circumstances — Code of Civil Procedure, CQLR c. C 25.01, arts. 31, para. 2, and 205.
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.
For several years, a legal saga before the Superior Court and Tribunal administratif du Québec has opposed the applicant, Mr. Daniel, mainly to the City of Mont Saint Hilaire in relation to the legality of the expropriation of land belonging to him. Since 2007, Mr. Daniel has launched various proceedings in connection with the expropriation, the most recent one being a judicial review application seeking to annul both the expropriation proceedings as well as the certificate of authorization issued by the Ministry of the Environment, among others. The judgments underlying the application for leave to appeal concern various incidental applications made by Mr. Daniel in the course of this judicial review proceeding: a recusation application, a revocation application, and an application for a stay of proceedings. The Superior Court dismissed Mr. Daniel’s applications, having found no basis to grant the relief sought. The Court of Appeal determined that appealing the outcome of these applications required leave, which was denied.
Lower court rulings
Superior Court of Quebec
2020 QCCS 3217, 750-17-003691-205
Application for recusation dismissed; application for revocation of judgment dismissing application to disqualify the law firm Sylvestre & Associés from representing respondent P. Talbot inc. dismissed; application to obtain documents (phone records) from a third party dismissed; application to stay expropriation proceedings pending before the Administrative Tribunal of Québec while awaiting applicant’s judicial review proceeding seeking the nullity of said expropriation proceedings dismissed
Court of Appeal of Quebec (Montréal)
2021 QCCA 20, 500-09-029211-208
Application for leave to appeal dismissed
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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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.
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