Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
41056
Mark Roper v. Attorney General of Quebec
(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) |
|---|---|---|
| 2024-08-16 | Close file on Leave | |
| 2024-08-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-08-08 | Judgment on leave sent to the parties | |
| 2024-08-08 |
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 500-09-030241-228, 2023 QCCA 1347, dated October 27, 2023, is dismissed. Dismissed |
|
| 2024-04-29 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-02-02 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2024-02-02 | Mark Roper |
| 2024-01-30 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version due on 2024-02-06) | Attorney General of Quebec |
| 2024-01-26 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: 23A (Rec'd 2024-01-30), Completed on: 2024-01-30 |
Attorney General of Quebec |
| 2023-12-27 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-12-27 | |
| 2023-12-19 | Certificate (on limitations to public access), (Letter Form), (Printed version due on 2023-12-28) | Mark Roper |
| 2023-12-19 |
Application for leave to appeal, (Book Form), (6 volumes), REQUIRED - Filing fee (Rec'd 2023-12-27), Completed on: 2023-12-27, (Printed version due on 2023-12-28) |
Mark Roper |
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 |
|---|---|---|
| Roper, Mark | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Quebec | Respondent | Active |
Counsel
Party: Roper, Mark
Counsel
Michaëlla Bouchard-Racine
1155 boul. René-Lévesque Ouest
Bureau 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
Party: Attorney General of Quebec
Counsel
1 Notre-Dame Street East
Suite 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336 Ext: 51490
FAX: (514) 873-7074
Email: amelie.bellerose@justice.gouv.qc.ca
Summary
Keywords
Administrative Law — Judicial Review — Correct approach to reviewing discretionary decisions of a Minister — Whether Minister failed to consider relevant factors in exercising discretion — Whether Minister’s exercise of discretion breached rights protected under the Canadian Charter of Rights and Freedoms or Quebec Charter of Human Rights and Freedoms
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 Minister of Health and Social Services in Quebec drew up a medical staffing plan for the allocation of new physician billers to different regions of the province. The applicant, a doctor, disagreed with the Minister having given little weight to the current rates of registration with a family doctor in each region. The applicant brought an application for judicial review on the basis that the Minister’s decision was unreasonable and that it breached various rights under the Canadian Charter and Quebec Charter.
The Superior Court of Quebec dismissed the application for judicial review. It found that there was no basis to conclude that the Minister’s decision was unreasonable, nor was there any basis to find that there had been breaches under either of the Charters. The Court of Appeal unanimously dismissed the appeal.
Lower court rulings
Application for temporary and permanent injunction denied. The Superior Court declined to intervene in the Minister’s discretionary decision.
Appeal dismissed.
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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