Case information
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41454
Mary Hakim v. The Council of Arbitration for the Accounts of Advocates of the Barreau 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) |
|---|---|---|
| 2025-02-28 | Close file on Leave | |
| 2025-02-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-02-27 | Judgment on leave sent to the parties | |
| 2025-02-27 |
Judgment of the Court on the application for leave to appeal, The various requests for miscellaneous relief are dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-700272-248, 2024 QCCA 844, dated June 25, 2024, is dismissed. Dismissed |
|
| 2025-01-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-21 | Supplemental document, Procedural order, (Printed version filed on 2024-10-23) | Mary Hakim |
| 2024-10-21 | Supplemental document, Email exchange of April 12 2024 | Mary Hakim |
| 2024-10-21 |
Supplemental document, Decision on the request for rectification , (Printed version filed on 2024-10-23) |
Mary Hakim |
| 2024-10-21 | Supplemental document, Arbitral award, (Printed version due on 2024-10-28) | Mary Hakim |
| 2024-10-21 | Supplemental document, Facts and comments, (Printed version filed on 2024-10-23) | Mary Hakim |
| 2024-10-21 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2024-10-21, (Printed version filed on 2024-10-23) | Mary Hakim |
| 2024-10-16 | Notice of name, (Printed version due on 2024-10-23) | The Council of Arbitration for the Accounts of Advocates of the Barreau du Québec |
| 2024-10-16 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2024-10-23) | The Council of Arbitration for the Accounts of Advocates of the Barreau du Québec |
| 2024-10-16 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-10-16, (Printed version due on 2024-10-23) | The Council of Arbitration for the Accounts of Advocates of the Barreau du Québec |
| 2024-09-26 | Letter advising parties of a complete application for leave to appeal, File open | |
| 2024-09-20 | Certificate (on limitations to public access), Public access to information form, (Printed version filed on 2024-10-01) | Mary Hakim |
| 2024-09-20 | Application for leave to appeal, (Book Form), Completed on: 2024-09-20, (Printed version filed on 2024-10-01) | Mary Hakim |
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 |
|---|---|---|
| Hakim, Mary | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| The Council of Arbitration for the Accounts of Advocates of the Barreau du Québec | Respondent | Active |
Counsel
Party: Hakim, Mary
This party is not represented by counsel.
Party: The Council of Arbitration for the Accounts of Advocates of the Barreau du Québec
Counsel
France Ducharme
445, boulevard Saint-Laurent
Montréal, Quebec
H2Y 3T8
Telephone: (514) 954-3400 Ext: 5100
FAX: (514) 954-3407
Email: apmallette@barreau.qc.ca
Summary
Keywords
Administrative law — Appeals — Procedure — Natural justice — Arbitration — Applicant challenging her lawyer’s account for fees — Arbitration award ordering applicant to pay fees in full — Court of Québec dismissing application for annulment of arbitration award — Quebec Court of Appeal dismissing application for leave to appeal — Whether Court of Appeal judge made error of law as regards applicability of art. 363 C.C.P. by raising it as ground for dismissing application for leave to appeal filed under art. 30 C.C.P. and accepted by office of Court of Appeal — If application for leave to appeal to Court of Appeal was filed under art. 30 C.C.P. and accepted by office of Court of Appeal, whether respondent was within its rights to raise art. 363 C.C.P. in order to dismiss application — Whether Court of Appeal judge could have exercised his discretion in another way to safeguard appellant’s rights — Whether case would have had chance of success on appeal — Whether arts. 643, 646 and 648 C.C.P. were misinterpreted by trial court — Code of Civil Procedure, CQLR, c. C-25.01, arts. 30, 363, 643, 646, 648.
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.
An arbitration award was made in the context of a challenge by the applicant, Mary Hakim, to the account for fees issued by her lawyer. The arbitration award dismissed the application for arbitration, fully upheld the account for fees in its entirety, and ordered Ms. Hakim to pay amounts to her lawyer as well as certain expenses.
A Court of Québec judge dismissed Ms. Hakim’s application for the annulment of the arbitration award. A Quebec Court of Appeal judge sitting alone dismissed Ms. Hakim’s application for leave to appeal from the trial judgment.
Lower court rulings
Ms. Hakim’s application for annulment of arbitration award dismissed
Ms. Hakim’s 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