Case information
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41182
Gérald McNichols Tétreault v. Ville de Boisbriand, et al.
(Federal) (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) |
|---|---|---|
| 2024-08-30 | Close file on Leave | |
| 2024-08-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-08-29 | Judgment on leave sent to the parties | |
| 2024-08-29 |
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 is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-79-23, 2023 CAF 159, dated July 13, 2023, is dismissed with costs. Dismissed, with costs |
|
| 2024-08-29 |
Decision on motion to extend time to file and /or serve the leave application, See decision on application Granted |
|
| 2024-07-08 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-07-08 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2024-05-02 | Applicant's reply to respondent's argument, (Book Form), Reply to Quartier Forestia, Completed on: 2024-05-02 | Gérald McNichols Tétreault |
| 2024-05-02 | Applicant's reply to respondent's argument, (Book Form), Reply to the city of Boisbriand, Completed on: 2024-05-02 | Gérald McNichols Tétreault |
| 2024-05-02 | Applicant's reply to respondent's argument, (Book Form), Reply to Kanata Investments Inc., Completed on: 2024-05-02 | Gérald McNichols Tétreault |
| 2024-05-01 | Book of authorities, (Book Form), Completed on: 2024-05-01 | Gérald McNichols Tétreault |
| 2024-05-01 | Correspondence received from, (Letter Form), Regarding their 1memorandum of argument | Gérald McNichols Tétreault |
| 2024-04-25 | Lower court order - e-filing, (Letter Form), CA Orders | Le Quartier Forestia Inc. |
| 2024-04-25 | Certificate (on limitations to public access), (Letter Form), 23A | Le Quartier Forestia Inc. |
| 2024-04-25 | Notice of name, (Letter Form) | Le Quartier Forestia Inc. |
| 2024-04-25 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-04-25 | Le Quartier Forestia Inc. |
| 2024-04-25 | Lower court order - e-filing, CA Orders | Ville de Boisbriand |
| 2024-04-25 | Notice of name, (Letter Form) | Ville de Boisbriand |
| 2024-04-25 | Certificate (on limitations to public access), 23A | Ville de Boisbriand |
| 2024-04-25 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-04-25, (Printed version filed on 2024-04-25) | Ville de Boisbriand |
| 2024-04-23 | Notice of name, (Letter Form) | Kanata Investments Inc. |
| 2024-04-23 | Certificate (on limitations to public access), (Letter Form), 23A | Kanata Investments Inc. |
| 2024-04-23 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-04-23, (Printed version filed on 2024-04-24) | Kanata Investments Inc. |
| 2024-04-12 | Supplemental document, (Book Form), 1 volume | Gérald McNichols Tétreault |
| 2024-04-12 | Correspondence received from, (Letter Form), Regarding sending requested material | Gérald McNichols Tétreault |
| 2024-03-26 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-03-20 | Certificate (on limitations to public access), Public access to information form | Gérald McNichols Tétreault |
| 2024-03-19 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2024-03-18 | Gérald McNichols Tétreault |
| 2024-03-19 |
Application for leave to appeal, (Book Form), Missing: - Amended notice of application (Citing correct legal provision, correct court name and signature) (Rec'd 2024-04-12) - All lower court judgements and orders (Rec'd 2024-04-12) - Filling fee (Rec'd 2024-04-5) - Signed memorandum of argument (Rec'd 2024-04-12) , Completed on: 2024-04-12 |
Gérald McNichols Tétreault |
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 |
|---|---|---|
| McNichols Tétreault, Gérald | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ville de Boisbriand | Respondent | Active |
| Le Quartier Forestia Inc. | Respondent | Active |
| Kanata Investments Inc. | Respondent | Active |
Counsel
Party: McNichols Tétreault, Gérald
This party is not represented by counsel.
Party: Ville de Boisbriand
Counsel
5, Place Ville Marie
Bureau 900
Montréal, Quebec
H3B 2G2
Telephone: (514) 876-6229
Email: gmahoney@belangersauve.com
Party: Le Quartier Forestia Inc.
Counsel
Thomas Dougherty
630, boul. René-Lévesque Ouest
Montréal, Quebec
H3B 1S6
Telephone: (514) 393-4580
FAX: (819) 780-1341
Email: denis.cloutier@cainlamarre.ca
Party: Kanata Investments Inc.
Counsel
900 – 1000 Gauchetière Street West
Montréal, Quebec
H3B 5H4
Telephone: (514) 879-1212
FAX: (514) 954-1905
Email: mpmessier@blg.com
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Summary
Keywords
Civil procedure — Pleadings — Striking out — Intellectual property — Copyright — Reproduction of all or part of work not alleged — Case management judge granting motions to strike — Appeal courts upholding findings made in course of proceedings — Whether application for leave to appeal raises question of public importance.<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.
In March 2020, the applicant brought an action claiming significant amounts for infringement of the copyright he allegedly had in connection with the development of plans for a real estate project. The three respondents in turn filed motions to strike under Rule 221(1) of the Federal Courts Rules, SOR/98-106. The case management judge granted the motions and declined to give the applicant leave to amend his statement of claim. She was of the opinion that the applicant had not alleged that the respondents had reproduced all or any substantial part of the copyrighted work. The Federal Court and the Federal Court of Appeal agreed with that finding and held on appeal that the applicant had not clearly identified a reviewable error by the case management judge that warranted their intervention.
Lower court rulings
Applicant’s motion to set aside Associate Judge Steele’s order dated March 3, 2022, striking out his statement of claim without leave to amend, dismissing his motion to amend his statement of claim and striking out his replies to respondents’ defences dismissed
Notice of 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
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