Case information
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41161
Sylvie Gabriel v. Mike Ward
(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) |
|---|---|---|
| 2025-01-10 | Close file on Leave | |
| 2025-01-09 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-01-09 | Judgment on leave sent to the parties | |
| 2025-01-09 |
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 pursuant to Rule 64 of the Rules of the Supreme Court of Canada is granted. The motion for an extension of time to serve and file the missing documents to the application for leave to appeal is granted. The motion to dismiss the application for an extension of time to serve and file the application for leave to appeal pursuant to Rule 64 of the Rules of the Supreme Court of Canada is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec),Number 200-09-010510-227, 2024 QCCA 1, dated January 8, 2024, is dismissed. Dismissed |
|
| 2025-01-09 | Decision on motion to deem proceedings as vexatious, See decision on application | |
| 2025-01-09 | Decision on the motion to dismiss the application for leave to appeal for delay, See decision on application | |
| 2025-01-09 | Decision on motion to extend time to file and /or serve the leave application, See decision on application | |
| 2024-11-12 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-11-12 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-11-12 | Submission of motion to deem proceedings as vexatious, for consideration by the Court | |
| 2024-11-12 | Submission of motion to dismiss the application for leave to appeal for delay, for consideration by the Court | |
| 2024-10-10 | Motion to deem proceedings as vexatious, (Book Form), (Included in the motion to dismiss the application for leave to appeal for delay), Completed on: 2024-10-10, (Printed version filed on 2024-10-15) | Mike Ward |
| 2024-10-10 | Motion to dismiss the application for leave to appeal for delay, (Book Form), Completed on: 2024-10-10, (Printed version filed on 2024-10-15) | Mike Ward |
| 2024-09-18 | Order on motion to extend time, By JUSTICE MARTIN | |
| 2024-09-18 |
Decision on motion to extend time, Mar, UPON APPLICATION by the applicant for an order extending the time to serve and file the application for leave to appeal pursuant to Rule 64 of the Rules of the Supreme Court of Canada; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The applicant shall serve and file an amended version of the notice of application for leave to appeal citing the legislative provision that authorizes the application for leave to appeal by October 2, 2024, in which case the Registrar shall submit the application for leave to appeal to the Court for consideration pursuant to Rule 32 of the Rules of the Supreme Court of Canada as well as the motion for an order extending the time to serve and file the application for leave to appeal pursuant to Rule 64 of the Rules of the Supreme Court of Canada. If a notice of application for leave to appeal meeting the requirements of Rule 25(1)(a) of the Rules of the Supreme Court of Canada is not served and filed within the prescribed time, the motion for an order extending the time to serve and file the application for leave to appeal pursuant to Rule 64 of the Rules of the Supreme Court of Canada shall be dismissed. Judgment accordingly |
|
| 2024-09-18 | Submission of motion to extend time, Mar | |
| 2024-06-04 |
Response to motion to extend time, Missing: - Proof of service (Rec'd 06-12-2024), Completed on: 2024-06-12, (Printed version filed on 2024-06-06) |
Mike Ward |
| 2024-05-31 |
Motion to extend time, (Book Form), Amended version received 10-01-2024 Missing: - Proof of service (Rec'd 10-01-2024) - Filling fee, Incomplete |
Sylvie Gabriel |
| 2024-05-27 |
Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Missing: - Filling fee, Completed on: 2024-09-18 |
Sylvie Gabriel |
| 2024-05-27 |
Certificate (on limitations to public access), 23A Amended version required (Rec'd 05-31-2024) |
Sylvie Gabriel |
| 2024-05-27 | Lower court order - e-filing, Lower court judgement | Sylvie Gabriel |
| 2024-05-07 | Letter and notice pursuant to Rule 64 sent to, All parties via email | |
| 2024-04-10 | Certificate (on limitations to public access), 23A | Mike Ward |
| 2024-04-04 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: - 23A (Recu 2024-04-10) , Completed on: 2024-04-10 |
Mike Ward |
| 2024-03-13 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2024-03-12 |
Application for leave to appeal, (Book Form), Missing: - Motion for an extension of time (Rec'd 2024-05-27) - Amended cover page (Rec'd 2024-05-27) - Amended notice of application citing correct legal provision (Rec'd 10-01-2024) - 23A (2024-05-31) - Signed QCCQ decision (Rec'd 2024-05-27) - Proof of service (Rec'd 2024-05-27) - Filing fee (Rec'd 2024-05-27), Completed on: 2024-10-01 |
Sylvie Gabriel |
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 |
|---|---|---|
| Gabriel, Sylvie | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ward, Mike | Respondent | Active |
Counsel
Party: Gabriel, Sylvie
Counsel
762 bl. des Chutes
Québec, Quebec
G1E 2B9
Telephone: (418) 929-2349
Email: stharvey15@yahoo.ca
Party: Ward, Mike
Counsel
1155 boul. René-Lévesque Ouest
Bureau 1715
Montréal, Quebec
H3B 2K8
Telephone: (514) 288-6180
FAX: (514) 288-8908
Email: jhgrey@greycasgrain.net
Summary
Keywords
Prescription — Action in civil liability for defamation, harassment and intimidation — Application to dismiss on basis that action prescribed — In circumstances of this case, whether prescription was acquired, which would have effect of ending proceeding.
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, Sylvie Gabriel, has a son who, since birth, has suffered from Treacher Collins syndrome, and who, between 2005 and 2009, became known as a singer. The respondent, Mike Ward, is a professional comedian. He gave a show that included a routine in which he mocked certain figures in Quebec’s artistic community, including the applicant’s son. Starting in 2012, the applicant was involved in litigation that ended up in the Supreme Court of Canada, where the Court found that the elements of a discrimination claim under the Charter of human rights and freedoms, CQLR, c. C-12, had not been established. In January 2022, the applicant brought an action in civil liability for defamation and harassment/intimidation against the respondent. The respondent brought an application for dismissal (on the ground that the action was prescribed) and for declaration of abuse. The Court of Québec declared that the applicant’s action was prescribed but that it was not possible to characterize it as abusive. It therefore allowed the respondent’s application for dismissal and for declaration of abuse in part. The Quebec Court of Appeal dismissed the applicant’s appeal. It found that the action was prescribed.
Lower court rulings
Respondent’s application for dismissal and for declaration of abuse of applicant’s action allowed in part
Appeal dismissed
Memorandums of argument on application for leave to appeal
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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.
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