Case information
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41365
Christiane Jobin, et al. v. Martin Hudon
(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) |
|---|---|---|
| 2025-03-28 | Close file on Leave | |
| 2025-03-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-03-27 | Judgment on leave sent to the parties | |
| 2025-03-27 |
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 500-09-030843-247, dated April 24, 2024, is dismissed. Dismissed |
|
| 2025-02-10 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-24 | Reopen file | |
| 2025-01-24 |
Correspondence (sent by the Court) to, the parties, by mail and email RE: Order by the Registrar - File re-opened |
|
| 2025-01-24 |
Order by, WHEREAS an order dismissing this application for leave to appeal as abandoned was made on December 12, 2024, further to the notice of intention in Form 64 of the Rules of the Supreme Court of Canada that had been served on the parties; WHEREAS upon verification, the Registry of the Court has confirmed that the applicants had served and filed the required document within the specified time. IT IS HEREBY ORDERED THAT: The order dated December 12, 2024, dismissing this application for leave to appeal as abandoned is set aside. The file is reopened and the documents filed by the parties will be submitted to the Court for consideration. , Reg |
|
| 2025-01-24 | Reopen file, see Order dated January 24, 2025 | |
| 2024-12-12 | Close file on Leave | |
| 2024-12-12 | Letter and Order pursuant to Rule 64 sent to | |
| 2024-11-13 | Letter and notice pursuant to Rule 64 sent to, Sent to the applicants by mail and to the respondent by email. | |
| 2024-08-15 | Certificate (on limitations to public access), (Letter Form), Public access to information form, (Printed version filed on 2024-08-15) | Christiane Jobin |
| 2024-07-29 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED | |
| 2024-06-24 |
Application for leave to appeal, (Book Form), Missing: - Amended notice of application citing section of law (Rec'd Aug 15, 2024) - Public Access to Information form (Rec'd Aug 15, 2024) - Proof of service (Rec'd), Completed on: 2024-06-24, (Printed version filed on 2024-06-24) |
Christiane Jobin |
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 |
|---|---|---|
| Jobin, Christiane | Applicant | Active |
| Couture, Roger | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hudon, Martin | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Parent, Daniel | Intervener | Active |
Counsel
Party: Jobin, Christiane
This party is not represented by counsel.
Party: Couture, Roger
This party is not represented by counsel.
Party: Hudon, Martin
Counsel
Sherbrook, Quebec
J1H 1M2
Telephone: (819) 564-3131
FAX: (819) 564-2646
Email: antoine.gerin@videotron.ca
Party: Parent, Daniel
Counsel
Sherbrooke, Quebec
J1J 2Z3
Telephone: (819) 346-5058
FAX: (819) 346-5007
Email: jgravel@lavery.ca
Summary
Keywords
Civil procedure — Motions — Time — Property — Immovables — Determination of boundaries — Application for homologation of determination of boundaries report allowed — Appeal filed out of time — Motion to dismiss appeal granted on ground that applicants’ appeal was filed out of time and doomed to fail — Whether Court of Appeal erred in granting motion to dismiss appeal.
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.
This application arises from a dispute concerning the boundary line between two properties. The respondent brought an application for determination of boundaries, which the applicants opposed. The applicants also refused to pay half of the fees of the land surveyor who prepared the determination of boundaries report. The Superior Court allowed the application for the homologation of the determination of boundaries report and ordered the applicants to pay half of the land surveyor’s fees.
The applicants filed their appeal before the Quebec Court of Appeal after the expiry of the time limit to appeal set out in the Code of Civil Procedure. The respondent and the intervener filed motions to dismiss the appeal. The Court of Appeal granted the motions in part, and it dismissed the appeal on the ground that it was filed out of time and doomed to fail.
Lower court rulings
Applicants’ application for dismissal dismissed
Applicants ordered to pay intervener Daniel Parent $14,407.48; applicants’ right to discuss Mr. Parent’s fee amounts during trial on merits reserved
Court of Appeal of Quebec (Montréal)
2023 QCCA 1184
Applicants’ application for leave to appeal dismissed
Application for homologation of determination of boundaries report allowed; applicants ordered to pay intervener Daniel Parent $14,407.48 with interest plus additional indemnity set out in art. 1619 C.C.Q.
Court of Appeal of Quebec (Montréal)
500-09-030843-247
Motions of respondent and intervener to dismiss appeal under art. 365 C.C.P. granted in part; applicants’ appeal against respondent and intervener 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