Case information
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41321
Louise-Anne Gélinas v. Isabel Rousseau, en sa qualité de syndique de la Chambre des notaires du Québec
(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) |
|---|---|---|
| 2024-11-22 | Close file on Leave | |
| 2024-11-21 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-11-21 | Judgment on leave sent to the parties | |
| 2024-11-21 |
Judgment of the Court on the application for leave to appeal, The motion to file a lengthy memorandum of argument is granted. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-010732-243, 2024 QCCA 491, dated April 23, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-11-21 | Decision on motion to file a lengthy memorandum of argument, See decision on application | |
| 2024-10-24 | Order on motion to add or substitute parties, by CHANTAL CARBONNEAU | |
| 2024-10-24 |
Decision on motion to add or substitute parties, Reg, UPON APPLICATION by the respondent to substitute Isabel Rousseau, in her capacity as syndic of the Chambre des notaires du Québec, for Diane Gareau, in her capacity as syndic of the Chambre des notaires du Québec, as the respondent in these proceedings; AND THE MATERIAL FILED having been read; IT IS HEREBY ODERED THAT: The motion to substitute parties is granted. Granted |
|
| 2024-10-15 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-15 | Submission of motion to file a lengthy memorandum of argument, for consideration by the Court | |
| 2024-09-23 | Submission of motion to add or substitute parties, Reg | |
| 2024-08-06 | Motion to file a lengthy memorandum of argument, (Book Form), Completed on: 2024-08-12, (Printed version filed on 2024-08-08) | Louise-Anne Gélinas |
| 2024-07-15 | Motion to add or substitute parties, (Book Form), Completed on: 2024-08-19, (Printed version filed on 2024-07-15) | Isabel Rousseau, en sa qualité de syndique de la Chambre des notaires du Québec |
| 2024-07-10 |
Other memorandum of argument on application for leave, (Book Form), Missing: - Motion for lengthy memorandum (Rec'd Aug 6, 2024), (Printed version filed on 2024-07-11) |
Louise-Anne Gélinas |
| 2024-06-27 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version due on 2024-07-05) | Isabel Rousseau, en sa qualité de syndique de la Chambre des notaires du Québec |
| 2024-06-27 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-06-27, (Printed version due on 2024-07-05) | Isabel Rousseau, en sa qualité de syndique de la Chambre des notaires du Québec |
| 2024-06-12 | Lower court order - e-filing | Louise-Anne Gélinas |
| 2024-06-11 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-05-23 | Certificate (on limitations to public access), (Letter Form), Public Access to Information Form | Louise-Anne Gélinas |
| 2024-05-23 |
Application for leave to appeal, (Book Form), 8 volumes Missing: - CA Order - Trial Court Order, Completed on: 2024-10-16, (Printed version filed on 2024-06-24) |
Louise-Anne Gélinas |
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 |
|---|---|---|
| Gélinas, Louise-Anne | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Isabel Rousseau, en sa qualité de syndique de la Chambre des notaires du Québec | Respondent | Active |
Counsel
Party: Gélinas, Louise-Anne
This party is not represented by counsel.
Party: Isabel Rousseau, en sa qualité de syndique de la Chambre des notaires du Québec
Counsel
Sophie Boucher
2045 rue Stanley no 101
Montréal, Quebec
H3A 2V4
Telephone: (819) 879-1793
Email: jlanctot@lanctotavocats.ca
Summary
Keywords
Law of professions — Notaries — Discipline — Administrative law — Procedural fairness — Disciplinary council finding notary guilty on three counts — Notary ordered permanently struck off roll for each count — Whether application for leave to appeal raises question 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.
The disciplinary council of the Chambre des notaires found the applicant, Louise Anne Gélinas, guilty on three counts: altering or changing five cheques drawn on a succession account, altering or changing a will and altering or changing the codicil. For each count, the disciplinary counsel ordered that she be permanently struck off the roll. The Professions Tribunal upheld the council’s decisions with regard to both guilt and the penalty. It dismissed Ms. Gélinas’s motion to have her counsel declared incompetent as well as her application for new evidence and her motion for a stay of proceedings filed at the hearing. Ms. Gélinas then applied for judicial review, seeking to have the judgment rendered by the Professions Tribunal reconsidered revised or set aside.
The Superior Court dismissed the application for judicial review and affirmed the judgment rendered by the Professions Tribunal. The judge found that the decisions on each issue considered by the Tribunal were possible, acceptable outcomes in light of the relevant factual and legal constraints that bore on the decisions. The Tribunal had properly exercised its specialized jurisdiction and properly performed its appellate role. The Court of Appeal dismissed the application for leave to appeal from the judgment rendered on the application for judicial review, finding that apart from disagreeing with the various court and tribunal decisions rendered, Ms. Gélinas had not identified any question of principle or new issue that warranted granting leave to appeal.
Lower court rulings
Application for judicial review dismissed
Court of Appeal of Quebec (Québec)
200-09-010732-243
Application for leave to 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 613‑996‑7933 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