Case information
Consult our database for details on a Supreme Court of Canada case.
41032
Samir Benchabane v. Syndicat de professionnelles et professionnels du gouvernement 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) |
|---|---|---|
| 2025-02-07 | Close file on Leave | |
| 2025-02-07 | Correspondence (sent by the Court) to, RE: Certificate of Taxation | |
| 2025-02-07 | Certificate of taxation issued to, Annie Gilbert | |
| 2025-02-07 | Decision on the bill of costs, in the amount of: $1,209.30, in the amount of $1,209.30, Reg | |
| 2025-02-07 | Submission of the bill of costs, Reg | |
| 2024-09-19 | Bill of costs, UNDER REVIEW, Completed on: 2025-01-31 | Syndicat de professionnelles et professionnels du gouvernement du Québec |
| 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 motion for an extension of time to serve and file the revised application for leave to appeal is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-010648-233, 2023 QCCA 1244, dated October 2, 2023, is dismissed with costs to the respondent. Dismissed, with costs |
|
| 2024-05-30 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2024-04-22 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-04-22 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-01-25 | Correspondence received from | Procureur général du Québec |
| 2024-01-25 | Certificate (on limitations to public access), 23A | Procureur général du Québec |
| 2024-01-25 | Notice of name, . | Procureur général du Québec |
| 2024-01-19 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2024-01-19) | Syndicat de professionnelles et professionnels du gouvernement du Québec |
| 2024-01-19 | Notice of name, (Letter Form), (Printed version filed on 2024-01-19) | Syndicat de professionnelles et professionnels du gouvernement du Québec |
| 2024-01-19 | Response to the motion to extend the time to file and / or serve the leave application, (Book Form), Completed on: 2024-01-19, (Printed version filed on 2024-01-19) | Syndicat de professionnelles et professionnels du gouvernement du Québec |
| 2024-01-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-01-19, (Printed version filed on 2024-01-19) | Syndicat de professionnelles et professionnels du gouvernement du Québec |
| 2023-12-21 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing: - Filing Fees (Rec'd 2024-01-08), Completed on: 2024-01-08 |
Samir Benchabane |
| 2023-12-12 | Certificate (on limitations to public access), (Letter Form), Public access to information form | Samir Benchabane |
| 2023-12-12 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-12-12 | |
| 2023-11-28 |
Application for leave to appeal, (Book Form), REQUIRED: - Amended notice of application citing the correct legislative provision (Rec'd 2023-12-21) - Motion to extend time to serve the application (Rec'd 2023-12-21) - Public access to information form (Rec'd 2023-12-21) - Filing fee (Rec'd 2023-12-21), Completed on: 2023-12-21 |
Samir Benchabane |
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 |
|---|---|---|
| Benchabane, Samir | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Syndicat de professionnelles et professionnels du gouvernement du Québec | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Procureur général du Québec | Intervener | Active |
| Tribunal Administratif du Travail | Intervener | Active |
Counsel
Party: Benchabane, Samir
This party is not represented by counsel.
Party: Syndicat de professionnelles et professionnels du gouvernement du Québec
Counsel
70, rue Dalhousie, Bureau 100
Québec, Quebec
G1K 4B2
Telephone: (418) 780-3333
Email: agilbert@poudrierbradet.com
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: Tribunal Administratif du Travail
Counsel
900, place D'Youville, bureau 700
Québec, Quebec
G1R 3P7
Telephone: (418) 644-8209
FAX: (418) 528-6063
Email: audrey.joncas-blanchet@tat.gouv.qc.ca
Party: Procureur général du Québec
Counsel
Clara Lecomte-Benoit
Bureau 1.03
300, boul. Jean-Lesage
Québec, Quebec
G1K 8K6
Telephone: (418) 649-3524 Ext: 42068
FAX: (418) 646-1656
Email: alexandre.ouellet@justice.gouv.qc.ca
Summary
Keywords
Administrative law — Boards and tribunals — Administrative Labour Tribunal — Judicial review — Reasonable time to make application for judicial review — Distinction between application for judicial review and appeal.
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 filed complaints against his union with the Administrative Labour Tribunal. The Administrative Labour Tribunal dismissed the complaints and, subsequently, an application for review. The applicant filed an application for judicial review, but the Quebec Superior Court granted the respondent’s motion to dismiss on the grounds that the application for judicial review had been filed out of time and was doomed to fail. The Quebec Court of Appeal dismissed the application for leave to appeal that decision.
Lower court rulings
Superior Court of Quebec
200-17-034181-222, 2023 QCCS 1744
Syndicat de professionnelles et professionnels du gouvernement du Québec’s motion to dismiss granted; Mr. Benchabane’s application for judicial review dismissed
Court of Appeal of Quebec (Québec)
200-09-010648-233, 2023 QCCA 1244
Mr. Benchabane’s application 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 613-996-8666 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