Case information
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40309
Danny Lamoureux v. Organisme canadien de réglementation du commerce des valeurs mobilières (OCRCVM)
(Quebec) (Civil) (By Leave)
(Sealing order) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-09-22 | Close file on Leave | |
| 2023-09-22 | Correspondence (sent by the Court) to, all parties, Re: certificate of taxation | |
| 2023-09-19 | Certificate of taxation issued to, Alexis Leray | |
| 2023-09-19 | Decision on the bill of costs, in the amount of $1,117.38, Reg | |
| 2023-09-19 | Submission of the bill of costs, Reg | |
| 2023-06-12 | Bill of costs, Completed on: 2023-06-22 | Organisme canadien de réglementation du commerce des valeurs mobilières (OCRCVM) |
| 2023-03-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-03-30 | Judgment on leave sent to the parties | |
| 2023-03-30 |
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 500-09-029478-211, 2022 QCCA 685, dated May 13, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-02-27 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-09-26 | Certificate (on limitations to public access), (Letter Form), 23B, (Printed version filed on 2022-09-27) | Danny Lamoureux |
| 2022-09-26 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2022-09-27, (Printed version filed on 2022-09-27) | Danny Lamoureux |
| 2022-09-16 | Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version filed on 2022-09-16) | Organisme canadien de réglementation du commerce des valeurs mobilières (OCRCVM) |
| 2022-09-16 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2022-09-16) | Organisme canadien de réglementation du commerce des valeurs mobilières (OCRCVM) |
| 2022-09-16 | Notice of name, (Letter Form), (Printed version filed on 2022-09-16) | Organisme canadien de réglementation du commerce des valeurs mobilières (OCRCVM) |
| 2022-09-16 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2022-09-16, (Printed version filed on 2022-09-16) | Organisme canadien de réglementation du commerce des valeurs mobilières (OCRCVM) |
| 2022-08-17 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2022-08-17 | |
| 2022-08-04 |
Supplemental document, (Letter Form), supplemental 01: Proces-verbal, 7 decembre 2020 supplemental 02: Proces-verbal, 8 decembre 2020, (Printed version due on 2022-08-11) |
Danny Lamoureux |
| 2022-08-04 | Certificate (on limitations to public access), (Letter Form), Amended 23B rec'd 2022-11-29, (Printed version due on 2022-08-11) | Danny Lamoureux |
| 2022-08-04 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-08-11) | Danny Lamoureux |
| 2022-08-04 |
Application for leave to appeal, (Book Form), (3 volumes), CONFIDENTIAL-RESTRICTED (VOLUMES II & III only) received: print and electronic copies of both the confidential and redacted versions (rec'd 2022-08-04) required: -clarification regarding nature of sensitivity on file (rec'd 2022-08-19) -amended 23B (rec'd 2022-11-29), Completed on: 2022-11-29 |
Danny Lamoureux |
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 |
|---|---|---|
| Lamoureux, Danny | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Organisme canadien de réglementation du commerce des valeurs mobilières (OCRCVM) | Respondent | Active |
Counsel
Party: Lamoureux, Danny
Counsel
Bureau 2400
500, Place d'Armes
Montréal, Quebec
H2Y 2W2
Telephone: (514) 312-0448
FAX: (514) 842-5913
Email: ldemers@gsgavocats.ca
Agent
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Organisme canadien de réglementation du commerce des valeurs mobilières (OCRCVM)
Counsel
Stéphane Pitre
Anne Merminod
Bureau 900
100, rue De La Gauchetière Ouest
Montréal, Quebec
H3B 5H4
Telephone: (514) 879-1212
FAX: (514) 954-1905
Email: ALeray@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Civil procedure — Class actions — Human rights — Privacy and protection of personal information — Computer in respondent’s possession containing personal information lost — Computer never returned or found — Damages for loss of data — Punitive damages — Whether application for leave to appeal raises question of public importance.
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.
(SEALING ORDER) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The class action instituted by the applicant, Mr. Lamoureux, against the respondent, the Investment Industry Regulatory Organization of Canada (“IIROC”), arose from the fact that a laptop computer containing the personal information of thousands of Canadian investors had been left on a train by an IIROC inspector. The unidentified device was never returned or found. The class action sought, among other things, compensatory damages for the injury suffered as a result of the loss of the computer and the personal information. The Superior Court dismissed the class action, finding that the members’ fears and annoyances due to the loss of personal information could not constitute compensable damage. In its opinion, they were more like the normal inconveniences that people living in society encounter and should have to accept. The Court of Appeal dismissed the appeal, noting that no palpable and overriding error had been identified in the judgment under appeal. In its view, Mr. Lamoureux was asking it to reassess the evidence in order to reach a different conclusion than the judge, which was not the role of an appellate court.
Lower court rulings
Superior Court of Quebec
500-06-000774-154
Amended class action dismissed
Court of Appeal of Quebec (Montréal)
2022 QCCA 685, 500-09-029478-211
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
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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