Case information
Consult our database for details on a Supreme Court of Canada case.
41029
Julie Tanny v. United States Attorney General
(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) |
|---|---|---|
| 2024-06-07 | Close file on Leave | |
| 2024-05-30 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-05-30 | Judgment on leave sent to the parties | |
| 2024-05-30 |
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 500-09-030217-228, 2023 QCCA 1234, dated October 2, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-04-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-01-19 | Correspondence received from, AGC will not be filing a memorandum of argument | Attorney General of Canada |
| 2024-01-19 | Certificate (on limitations to public access), (Letter Form), 23A;, (Printed version filed on 2024-01-29) | United States Attorney General |
| 2024-01-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-01-22, (Printed version filed on 2024-01-22) | United States Attorney General |
| 2023-12-21 | Certificate (on limitations to public access), 23A | Royal Victoria Hospital |
| 2023-12-21 | Notice of name | Royal Victoria Hospital |
| 2023-12-13 | Correspondence received from, Intervener does not intend to intervene or make representations in this matter. | Royal Victoria Hospital |
| 2023-12-08 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 2023-12-08 | |
| 2023-12-01 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2023-12-01) | Julie Tanny |
| 2023-12-01 | Application for leave to appeal, (Book Form), Completed on: 2023-12-01, (Printed version filed on 2023-12-01) | Julie Tanny |
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 |
|---|---|---|
| Tanny, Julie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| United States Attorney General | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Royal Victoria Hospital | Intervener | Active |
| McGill University | Intervener | Active |
| Attorney General of Canada | Intervener | Active |
Counsel
Party: Tanny, Julie
Counsel
Andrea Grass
1030 rue Berri, Suite 102
Montréal, Quebec
H2L 4C3
Telephone: (514) 266-7863
FAX: (514) 868-9690
Email: jorenstein@clg.org
Party: United States Attorney General
Counsel
Guy Poitras
Gabriel D’Addona
Adam Bazak
1, Place Ville Marie
Suite 3700
Montréal, Quebec
H3A 3H3
Telephone: (514) 878-9641
FAX: (514) 878-1450
Email: malcolm.ruby@gowlingwlg.com
Agent
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Royal Victoria Hospital
Counsel
Sandra Desjardins
Jean-François Gagnon
1250 boul René-Lévesque Ouest 20e étage
Montréal, Quebec
H3B 4W8
Telephone: (514) 842-9512
FAX: (514) 845-6573
Email: veronique.roy@langlois.ca
Party: McGill University
Counsel
Danielle Marcovitz
Place Alexis Nihon - Tour 2
3500, boul. De Maisonneuve Ouest, Bureau 1400
Montréal, Quebec
H3Z 3C1
Telephone: (514) 935-4460
FAX: (514) 935-2999
Email: dmitchell@imk.ca
Party: Attorney General of Canada
Counsel
Sarom Bahk
Andréane Joanette-Laflamme
Complexe Guy-Favreau
200 boulevard René-Lévesque West, Tour Est, 9th Floor
Montreal, Quebec
H2Z 1X4
Telephone: (514) 283-4934
FAX: (514) 496-7876
Email: francois.joyal@justice.gc.ca
Agent
Department of Justice Canada
50 O'Connor Street, Suite 500, room 556
Ottawa, Ontario
K2P 6L2
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Public international law — Jurisdictional immunity — Civil procedure — Class actions — Applicant seeking to institute class action relating to “Montreal Experiments” carried out on patients between 1948 and 1964 — Applicant naming respondent as proposed defendant in class action — Respondent invoking state immunity and seeking dismissal of claim — When cause of action arising if fault, damages, and causal connection occur over span of 60 years — Whether the State Immunity Act applies retroactively, retrospectively, or prospectively — Whether Canada should grant immunity where a foreign state secretly acts through a legitimate private corporation to enter into business transactions — Whether foreign state immunity in the 1960s was restrictive or absolute — Whether exception to foreign state immunity relating to personal or bodily injury extends to immediate family members of persons who suffered personal or bodily injury - State Immunity Act, R.S.C. 1985, c. S-18, ss. 3, 5, 6.
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.
Applicant Julie Tanny brought an application to authorize a class action seeking compensation for all persons who underwent treatment as part of the “Montreal Experiments” conducted between 1948 and 1964 by Dr. Donald Ewen Cameron, as well as their successors, assigns, family members, and dependants.
Ms. Tanny’s application named several proposed defendants, including the respondent United States Attorney General (hereafter, the “United States”). The United States, invoking state immunity, sought to have Ms. Tanny’s application dismissed as against it.
The application judge held that the United States benefitted from foreign state immunity, and that exceptions to that immunity contained in the State Immunity Act did not apply in the circumstances. The application judge dismissed Ms. Tanny’s authorization application as against the United States. The Court of Appeal of Quebec unanimously dismissed Ms. Tanny’s appeal.
Lower court rulings
Superior Court of Quebec
2022 QCCS 3258, 500-06-000972-196
Application to authorize the bringing of a class action dismissed
Court of Appeal of Quebec (Montréal)
2023 QCCA 1234, 500-09-030217-228
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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 613-996-8666 or at 1-844-365-9662.
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