Case information
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40461
Albert Bellemare 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.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2023-06-09 | Close file on Leave | |
| 2023-06-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-06-08 | Judgment on leave sent to the parties | |
| 2023-06-08 |
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 500-09-029939-220, 2022 QCCA 1255, dated September 20, 2022, is dismissed. Dismissed |
|
| 2023-04-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-12-22 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2022-12-29, (Printed version filed on 2022-12-23) | Albert Bellemare |
| 2022-12-12 | Notice of name, (Letter Form), (Printed version due on 2022-12-19) | Barreau du Québec |
| 2022-12-12 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2022-12-29, (Printed version due on 2022-12-19) | Barreau du Québec |
| 2022-11-29 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2022-11-21 |
Application for leave to appeal, (Book Form), Required: signed copy of TC judgment (Rec'd 2022-12-1, Completed on: 2023-01-04, (Printed version due on 2022-11-28) |
Albert Bellemare |
| 2022-11-21 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2022-11-28) | Albert Bellemare |
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 |
|---|---|---|
| Bellemare, Albert | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Barreau du Québec | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Commission d’accès à l’information du Québec | Intervener | Active |
Counsel
Party: Bellemare, Albert
This party is not represented by counsel.
Party: Barreau du Québec
Counsel
445, boul. St-Laurent
Montréal, Quebec
H2Y 3T8
Telephone: (514) 954-3400 Ext: 5100
FAX: (514) 954-3463
Email: schampagne@barreau.qc.ca
Party: Commission d’accès à l’information du Québec
Counsel
Bureau 2.36 525, boul. René-Lévesque Est
Québec, Quebec
G1R 5S9
Telephone: (418) 528-7741 Ext: 51208
Email: cai.avocats@cai.gouv.qc.ca
Summary
Keywords
Administrative law — Access to information — Professional order — Applicant seeking access to contracts for services awarded by Barreau du Québec to public relations firms and detailed description of amounts spent by Barreau on those firms — Barreau denying request for access to certain documents because they were not held for purpose of supervising profession pursuant to s. 108.1 of Professional Code or because they did not exist — Whether commission and courts below erred in interpreting s. 108.1 of Professional Code — Whether commission and courts below erred in dismissing applicant’s applications or appeal — Professional Code, CQLR, c. C-26, s. 108.1.
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.
The applicant is a lawyer and a member of the respondent, Barreau du Québec (“Barreau”). He submitted an access to information request to the Barreau in order to obtain, among other things, all the contracts for services awarded by the Barreau to public relations firms in recent years as well as a detailed description of all amounts spent by the Barreau on public relations firms.
The Barreau refused to provide the applicant with certain documents, alleging that they were not held by the professional order for the purpose of supervising the profession pursuant to s. 108.1 of the Professional Code and that, as a result, the Act respecting access to documents held by public bodies and the protection of personal information, CQLR, c. A-2.1, did not apply to them. The Barreau also alleged that there were no documents evidencing two contracts that had been awarded orally.
The Commission d’accès à l’information du Québec dismissed the application for review of the Barreau’s refusal to provide the documents to the applicant. The Court of Québec granted the Barreau’s motion to dismiss the applicant’s appeal and dismissed the appeal, and the Superior Court dismissed an application for judicial review of that decision. A judge of the Quebec Court of Appeal dismissed the applicant’s motion for leave to appeal.
Lower court rulings
Court of Quebec
2019 QCCQ 6408, 500-80-038511-193
Respondent’s motion to dismiss appeal allowed; appeal dismissed
Superior Court of Quebec
2022 QCCS 149, 500-17-110295-196
Application for judicial review dismissed
Court of Appeal of Quebec (Montréal)
2022 QCCA 1255, 500-09-029939-220
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