Case information
Consult our database for details on a Supreme Court of Canada case.
41060
F.H. v. Ville de Montréal
(Quebec) (Civil) (By Leave)
(Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-04-12 | Close file on Leave | |
| 2024-04-11 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-04-11 | Judgment on leave sent to the parties | |
| 2024-04-11 |
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 500-09-030574-230, dated September 26, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-03-13 |
Supplemental document, 2 volumes - Lower court decision of F.H V J.A. |
F.H. |
| 2024-03-12 |
Certificate (on limitations to public access), Public Access To Information Form - Amended version required |
F.H. |
| 2024-03-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-01-23 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - 23A - Parties' addresses / telephone number verification, Completed on: 2024-03-11, (Printed version filed on 2024-01-23) |
Ville de Montréal |
| 2024-01-12 | Certificate (if inappropriate for a judge to take part in adjudication), (Letter Form), Justice Côté | F.H. |
| 2023-12-28 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2023-12-28 (to be mailed) | |
| 2023-11-24 | Supplemental document, (Letter Form), QCCA Notice of Appeal | F.H. |
| 2023-11-22 |
Application for leave to appeal, (Book Form), (2 volumes), Volume 2 filed on 11/24/2023 MISSING: - Public Access Form, - Full QCCA judgment, (Rec'd 2024-01-10) - Filing Fees, (Rec'd 2024-01-12) - Contact information for counsel for the respondents, Completed on: 2024-03-11 |
F.H. |
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 |
|---|---|---|
| F.H. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ville de Montréal | Respondent | Active |
Counsel
Party: F.H.
This party is not represented by counsel.
Party: Ville de Montréal
Counsel
775 rue Gosford
4e Étage
Montréal, Quebec
H2Y 3B9
Telephone: (438) 826-6611
Email: philippe.elouardi@montreal.ca
Summary
Keywords
Civil procedure — Quarrelsome litigant — Applicant requiring permission of the Chief Justice to file proceedings at the Superior Court — Whether the Superior Court erred in dismissing an application for permission to file proceedings — Whether the Court of Appeal erred in dismissing the appeal — Whether the application for leave to appeal raises an issue of public importance.
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.
In August 2019, the applicant, Fang Hu, was declared a quarrelsome litigant by the Associate Chief Justice of the Superior Court of Quebec. The order prohibited Mr. Hu from making any application or taking any procedural steps concerning his former spouse or their children without the permission of the Chief Justice of the Superior Court.
In December 2022, Mr. Hu instituted proceedings against the respondent, Ville de Montréal (“City”), relating to a judgment rendered in February 2022 by the Municipal Court of Montréal, acquitting Mr. Hu of criminal harassment. The City filed an application for dismissal, for disqualification and for a declaration of abuse. A Superior Court judge held that the subject-matter of the December 2022 proceedings was caught by the quarrelsome litigant order, and ordered that Mr. Hu seek the permission of the Chief Justice to file the proceedings.
The Chief Justice of the Superior Court dismissed Mr. Hu’s application and retroactively refused him permission to file the proceedings that had been filed in December 2022. The Court of Appeal dismissed Mr. Hu’s appeal.
Lower court rulings
Superior Court of Quebec
500-17-123230-222
Application for permission to file proceedings dismissed.
Court of Appeal of Quebec (Montréal)
500-09-030574-230
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