Case information
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41176
D.V. v. J.R.
(Quebec) (Civil) (By Leave)
(Publication ban in case) (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) |
|---|---|---|
| 2025-04-11 | Close file on Leave | |
| 2025-04-10 | Correspondence (sent by the Court) to, RE: Certificate of Taxation | |
| 2025-04-10 | Certificate of taxation issued to, Jacinthe Ladouceur | |
| 2025-04-10 | Decision on the bill of costs, in the amount of $1,562.70, Reg | |
| 2025-04-10 | Submission of the bill of costs, Reg | |
| 2024-12-02 | Bill of costs, UNDER REVIEW, Completed on: 2024-12-05 | J.R. |
| 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 500-09-030645-238, 2024 QCCA 79, dated January 19, 2024, is dismissed with costs in accordance with the tariff of fees and disbursements set out in Schedule B of the Rules of the Supreme Court of Canada. Dismissed, with costs |
|
| 2024-06-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-04-22 |
Certificate (on limitations to public access), (Letter Form), PUB-BAN Form 23B, (Printed version filed on 2024-04-23) |
J.R. |
| 2024-04-22 |
Certificate (on limitations to public access), (Letter Form), PUB-BAN Form 23A, (Printed version filed on 2024-04-23) |
J.R. |
| 2024-04-22 | Respondent's response on the application for leave to appeal, (Book Form), PUB-BAN, Completed on: 2024-04-23, (Printed version filed on 2024-04-23) | J.R. |
| 2024-03-22 |
Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, PUB-BAN FILE OPEN |
|
| 2024-03-19 |
Certificate (on limitations to public access), (Letter Form), PUB-BAN Form 23B, (Printed version filed on 2024-03-20) |
D.V. |
| 2024-03-19 |
Certificate (on limitations to public access), (Letter Form), PUB-BAN Form 23A, (Printed version filed on 2024-03-20) |
D.V. |
| 2024-03-19 |
Application for leave to appeal, (Book Form), PUB-BAN Missing: Proof of service (Received March 19, 2024), Completed on: 2024-03-19, (Printed version filed on 2024-03-20) |
D.V. |
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 |
|---|---|---|
| D.V. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| J.R. | Respondent | Active |
Counsel
Party: D.V.
Counsel
481, rue De Lanaudière
Joliette, Quebec
J6E 3M3
Telephone: (450) 759-5151
FAX: (450) 755-2170
Email: viki.fontaine@avocatsratelle.com
Party: J.R.
Counsel
120-C, rue Saint-Laurent
Saint-Eustache, Quebec
J7P 5G1
Telephone: (450) 623-5350
FAX: (450) 623-5805
Email: mej.ladouceur@videotron.ca
Summary
Keywords
Family law — Parental authority — Choice of school — Balancing of relevant factors for determining choice of school — Standard of review — Whether Court of Appeal applied appropriate standard of appellate review — Whether trial judge made material error or ignored relevant evidence.<br>
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.
(Publication ban in case) (Publication ban on party)
The parties have shared custody of a child who is to start kindergarten in 2024. The parents are unable to agree on a choice of school. The applicant wants the child enrolled in kindergarten at a school near his residence, where the child’s half-brother is also enrolled. The respondent wants the child enrolled in kindergarten at a school near her home.
The Superior Court allowed the applicant’s application, finding that the best interests of the child favoured enrolment at the applicant’s preferred school, including because the child could attend the same school as the child’s half-brother for several years. The Court of Appeal held that the trial judge had erred in assessing the evidence and had failed to consider relevant factors other than the possibility of attending the same school as the child’s half-brother. The Court of Appeal set aside the trial judgment and ordered that the child be enrolled at the respondent’s preferred school.
Lower court rulings
Superior Court of Quebec
705-04-021934-209
Application for choice of school by D.V. allowed
Appeal allowed; judgment rendered substituting J.R.’s choice of school
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 613‑996‑7933 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
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 613‑996‑7933 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
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 613‑996‑7933 or at 1‑888‑551‑1185.
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