Case information
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39813
J.D. v. G.P.
(Quebec) (Civil) (By Leave)
(Publication ban in case)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-01-21 | Close file on Leave | |
| 2022-01-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-01-20 | Judgment on leave sent to the parties | |
| 2022-01-20 |
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 500-09-029225-208, 2021 QCCA 916, dated June 3, 2021, is dismissed. Dismissed |
|
| 2021-12-13 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2021-09-23 |
Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2021-09-23 |
|
| 2021-09-01 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2021-09-02) | J.D. |
| 2021-09-01 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2021-09-02) | J.D. |
| 2021-09-01 | Application for leave to appeal, (Book Form), Completed on: 2021-09-01, (Printed version filed on 2021-09-02) | J.D. |
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 |
|---|---|---|
| J.D. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| G.P. | Respondent | Active |
Counsel
Party: J.D.
Counsel
Bureau 150
4, Westmount Square
Westmount, Quebec
H3Z 2P9
Telephone: (514) 842-9994 Ext: 1818
FAX: (514) 842-1112
Email: mnb@bergmanlawyers.com
Party: G.P.
Counsel
2724, chemin Sainte-Marie
Mascouche, Quebec
J7K 1N1
Telephone: (450) 966-1055 Ext: 1
FAX: (450) 966-0193
Email: clemire@lemireavocat.com
Summary
Keywords
Family law — Custody — Best interests — Parents’ residences in different cities — Wishes of oldest child — Mandate of lawyer representing minor — Extent to which lawyer can present their personal opinion to court on behalf of child — Where no evidence is adduced to establish child’s interests, wishes or opinions, whether court can rely on one sibling’s interests, wishes and opinions to determine what is in best interests of all siblings, without knowing opinions and wishes of some of them.
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.
(PUBLICATION BAN IN CASE)
A few years after they stopped living together, the parties, parents of three children aged 11, 7 and 5, went to court over custody of the children. The applicant was then living in a city different from that of the family residence, where the children and the respondent remained.
The Superior Court awarded the respondent custody of the children and granted the applicant certain access rights, finding that it was in the children’s best interests not to have to go through a major disruption by changing schools. The court was also of the view that the report by counsel for the 11 year old child was key and that, as a result, it could not ignore the wishes expressed by that child, which were in line with continuity in terms of custody for the father during the school period. The Court of Appeal did not intervene on the issue of custody of the children, as it was of the opinion that no palpable and overriding error had been shown.
Lower court rulings
Superior Court of Quebec
705-04-021402-199
Custody of children awarded to G.P., with access rights for J.D.
Court of Appeal of Quebec (Montréal)
2021 QCCA 916, 500-09-029225-208
Appeal allowed for sole purpose of replacing one subparagraph in Superior Court’s decision and adding one to it
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