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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.


41203

[A.C] v. [M.P.]

(Quebec) (Civil) (By Leave)

(Publication ban in case) (Publication ban on party) (Certain information not available to the public)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2024-11-19 Close file on Leave
2024-11-18 Correspondence (sent by the Court) to, parties (by email)
2024-11-18 Reconsideration not accepted for filing
2024-10-07 Letter acknowledging receipt of a complete motion for reconsideration
2024-08-13 Motion for reconsideration of the application for leave to appeal, (Book Form), UNDER REVIEW, Completed on: 2024-08-28 [A.C]
2024-07-25 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2024-07-25 Judgment on leave sent to the parties
2024-07-25 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 motion to join two files from the Court of Appeal of Quebec in a single application for leave to appeal is granted. The application for leave to appeal from the judgments of the Court of Appeal of Quebec (Montréal), Number 500-09-030657-233, 2023 QCCA 1627, dated December 12, 2023 and Number 500-09-030777-239, 2024 QCCA 114, dated January 24, 2024, is dismissed with costs.
Dismissed, with costs
2024-07-25 Decision on the miscellaneous motion, See decision on application
2024-07-25 Decision on motion to extend time to file and /or serve the leave application, See decision on application
2024-07-23 Motion to adduce new evidence, (Book Form), RESTRICTED
2 volumes, Completed on: 2024-07-25
[A.C]
2024-06-24 All materials on application for leave submitted to the Judges, for consideration by the Court
2024-06-24 Submission of miscellaneous motion, for consideration by the Court
2024-06-24 Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court
2024-05-07 Notice of miscellaneous motion, (Book Form), RESTRICTED
Motion to join, Completed on: 2024-05-14, (Printed version due on 2024-05-14)
[A.C]
2024-05-07 Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), RESTRICTED, Completed on: 2024-05-14, (Printed version due on 2024-05-14) [A.C]
2024-05-07 Certificate (on limitations to public access), (Letter Form), Form 23B, (Printed version due on 2024-05-14) [M.P.]
2024-05-07 Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-05-14) [M.P.]
2024-05-07 Respondent's response on the application for leave to appeal, (Book Form), RESTRICTED, Completed on: 2024-05-09, (Printed version due on 2024-05-14) [M.P.]
2024-04-15 Certificate (on limitations to public access), (Letter Form), RESTRICTED
Access public form, (Printed version due on 2024-04-22)
[A.C]
2024-04-11 Supplemental document, (Letter Form), RESTRICTED, (Printed version due on 2024-04-18) [A.C]
2024-04-08 Letter advising parties of an incomplete application for leave to appeal, RESTRICTED
FILE OPENED
2024-03-21 Application for leave to appeal, (Book Form), RESTRICTED
Missing:
- Public Access to Information Form (Rec'd April 15, 2024)
- Filing fee (Rec'd April 24, 2024)
- Signed memorandum (Rec'd April 15, 2024)
- Motion for extension of time (Rec'd May 7, 2024)
- Motion to Join (Rec'd May 7, 2024)
- Amended notice of application (Rec'd May 7, 2024), Completed on: 2024-05-07, (Printed version filed on 2024-03-22)
[A.C]

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

Main parties - Appellants
Name Role Status
[A.C] Applicant Active

v.

Main parties - Respondents
Name Role Status
[M.P.] Respondent Active

Other parties

Other parties
Name Role Status
Enfants Intervener Active

Counsel

Party: [A.C]

This party is not represented by counsel.

Party: [M.P.]

Counsel
Linda Côté
Étude de Maitres Boileau Côté
341 de la Cour
Waterloo, Quebec
J0E 2N0
Telephone: (450) 539-3225
FAX: (450) 539-3828
Email: boileau.cote@videotron.ca

Party: Enfants

This party is not represented by counsel.

Summary

Keywords

Family law — Divorce — Corollary relief — Appeal — Motion to dismiss appeal — No reasonable chance of success — Whether Quebec Court of Appeal erred in law in finding that applicant’s applications to appeal had no chance of success — Whether Quebec Court of Appeal erred in interpreting and applying art. 365 of Quebec’s Code of Civil Procedure.

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)

In a first judgment, the Superior Court granted the parties a divorce and ruled on parenting time arrangements and decision-making responsibilities, as corollary relief. In a second judgment, the court ruled on patrimony and support issues. The applicant filed a notice of appeal against the two judgments, and the respondent sought to have the appeals dismissed. In both cases, the Court of Appeal granted the motion to dismiss, finding that the proposed appeal had no reasonable chance of success.

Lower court rulings

June 29, 2023
Superior Court of Quebec

2023 QCCS 2426 (French only)

Divorce granted and orders made concerning parenting time arrangements and decision-making responsibilities, as corollary relief

October 25, 2023
Superior Court of Quebec

460-12-011332-203, 2023 QCCS 3961 (French only)

Orders made concerning patrimony and support issues, as relief corollary to divorce already granted

December 12, 2023
Court of Appeal of Quebec (Montréal)

2023 QCCA 1627 (French only)

Motion to dismiss appeal granted; appeal dismissed; motion for leave to appeal out of time dismissed

January 24, 2024
Court of Appeal of Quebec (Montréal)

500-09-030777-239, 2024 QCCA 114 (French only)

Motion to dismiss appeal granted in part; 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

Not available

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

Webcasts

Not available.

Date modified: 2025-02-27