Case information
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40668
A.J. v. Y. T.
(Quebec) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party) (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) |
|---|---|---|
| 2024-11-08 | Close file on Leave | |
| 2024-11-08 | Certificate of taxation issued to, Y.T. | |
| 2024-11-08 | Decision on the bill of costs, in the amount of $814.55, Reg | |
| 2024-11-08 | Submission of the bill of costs, Reg | |
| 2024-02-05 |
Bill of costs, UNDER REVIEW - filing fee (Rec'd 2024-05-14), Completed on: 2024-05-14 |
Y. T. |
| 2023-07-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-07-20 | Judgment on leave sent to the parties | |
| 2023-07-20 |
Judgment of the Court on the application for leave to appeal, The motion for an extension of time to serve and file the application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-030163-224, dated November 9, 2022, is dismissed with costs. Dismissed, with costs |
|
| 2023-07-20 |
Decision on motion to extend time to file and /or serve the leave application, See decision on the application Granted |
|
| 2023-06-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-06-26 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-05-03 |
Response to the motion to extend the time to file and / or serve the leave application, Need an amended version as the SCC file # isn't accurate (rec'd 2023-05-08) , Completed on: 2023-05-08 |
Y. T. |
| 2023-05-03 | Certificate (on limitations to public access) | Y. T. |
| 2023-05-03 |
Respondent's response on the application for leave to appeal, (Book Form), RESTRICTED Need an amended version as the SCC file # isn't accurate (rec'd 2023-05-08), Completed on: 2023-05-04 |
Y. T. |
| 2023-04-03 | Letter advising parties of a complete application for leave to appeal, File opened on April 3rd 2023 | |
| 2023-03-31 | Motion to extend the time to file and or serve the application for leave to appeal, (Letter Form), Completed on: 2023-04-03, (Printed version filed on 2023-04-03) | A.J. |
| 2023-03-30 | Certificate (on limitations to public access), (Letter Form), 23 A and 23 B, (Printed version filed on 2023-04-03) | A.J. |
| 2023-03-30 | Application for leave to appeal, (Book Form), RESTRICTED, Completed on: 2023-04-03, (Printed version filed on 2023-04-03) | A.J. |
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 |
|---|---|---|
| A.J. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Y. T. | Respondent | Active |
Counsel
Party: A.J.
Counsel
144, côte du Colonel-Dambourgès
Québec, Quebec
G1K 8L5
Telephone: (418) 692-9872
FAX: (418) 692-2916
Email: p.daignault@pierredaignaultavocat.com
Party: Y. T.
This party is not represented by counsel.
Summary
Keywords
Family law — Divorce — Evidence — Domestic violence — Admissibility of criminal court’s judgment in civil court — Weight to be given to reasons for judgment of criminal court — Whether reasons for judgment in criminal case create presumption that acquitted party is innocent.
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) (PUBLICATION BAN ON PARTY) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
A.J. and Y.T. were spouses and were married. A.J. was charged with harassing, sexually assaulting with a weapon and forcibly confining Y.T. The harassment charge was withdrawn by the Crown. At trial in the Court of Québec (Criminal and Penal Division), A.J. was found not guilty of the remaining two charges.
Y.T. brought proceedings for a divorce. During the trial, the parties testified about the events surrounding the criminal charges of which A.J. had been acquitted. A.J. filed the reasons for judgment of the judge who had acquitted her. However, the trial judge found that A.J. had assaulted Y.T. He granted the majority of parenting time to Y.T. and a minority of time to A.J. The Quebec Court of Appeal dismissed A.J.’s appeal under art. 365 of the Code of Civil Procedure pursuant to a motion to that effect filed by Y.T.
Lower court rulings
Superior Court of Quebec
500-12-336513-175
Majority of parenting time granted to Y.T. and minority of time to A.J.
Court of Appeal of Quebec (Montréal)
500-09-030163-224
A.J.’s appeal dismissed under art. 365 of Code of Civil Procedure
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