Case information
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41484
Alexander Shaulov, et al. v. Ville de Sainte-Marthe-sur-le-Lac, et al.
(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) |
|---|---|---|
| 2025-02-21 | Close file on Leave | |
| 2025-02-20 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2025-02-20 | Judgment on leave sent to the parties | |
| 2025-02-20 |
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 served and filed by Alexander Shaulov is granted. The motion for a stay of execution served and filed by Alexander Shaulov is dismissed. The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-700274-244, 2024 QCCA 987, dated August 2, 2024, served and filed by Alexander Shaulov, is dismissed with costs. The application for leave to appeal from the same judgment of the Court of Appeal of Quebec and the motions, served and filed in the name of Shaulov Family Trust, are quashed pursuant to s. 44 of the Supreme Court Act. Dismissed, with costs |
|
| 2025-02-20 | Decision on the motion for a stay of execution, See decision on application | |
| 2025-02-20 | Decision on motion to extend time to file and /or serve the leave application, See decision on application | |
| 2025-01-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-01-20 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2025-01-20 | Submission of motion for a stay of execution, for consideration by the Court | |
| 2024-11-04 |
Applicant's reply to respondent's argument, (Book Form), Missing: -Proof of service -Amended reply (rec'd 2024-11-05), Completed on: 2025-01-21, (Printed version due on 2024-11-12) |
Alexander Shaulov |
| 2024-10-31 | Notice of name, (Printed version filed on 2024-11-04) | AECOM Consultants Inc. |
| 2024-10-31 | Certificate (on limitations to public access), Form 23A, (Printed version filed on 2024-11-04) | AECOM Consultants Inc. |
| 2024-10-31 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-11-01, (Printed version filed on 2024-11-04) | AECOM Consultants Inc. |
| 2024-10-31 | Notice of name, (Printed version due on 2024-11-07) | Atkinsréalis Canada Inc. |
| 2024-10-31 | Certificate (on limitations to public access), Need amended version (rec'd 2024-11-01), (Printed version due on 2024-11-07) | Atkinsréalis Canada Inc. |
| 2024-10-31 |
Respondent's response on the application for leave to appeal, (Letter Form), Missing: -Proof of service (rec'd 2024-11-01) -Amended Form 23A (rec'd 2024-11-01), Completed on: 2024-11-04, (Printed version due on 2024-11-07) |
Atkinsréalis Canada Inc. |
| 2024-10-31 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2024-11-07) | Ville de Sainte-Marthe-sur-le-Lac |
| 2024-10-31 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: -Proof of service (rec'd 2024-01-11), Completed on: 2024-11-01, (Printed version due on 2024-11-07) |
Ville de Sainte-Marthe-sur-le-Lac |
| 2024-10-29 | Certificate (on limitations to public access), Form 23A, (Printed version due on 2024-11-05) | Attorney General of Quebec |
| 2024-10-29 | Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2024-10-29, (Printed version due on 2024-11-05) | Attorney General of Quebec |
| 2024-10-17 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2024-10-18, (Printed version filed on 2024-10-18) | Alexander Shaulov |
| 2024-10-08 |
Certificate (on limitations to public access), Form 23A Missing: -Amended version (q. 5) (rec'd 2024-10-17), (Printed version filed on 2024-10-18) |
Alexander Shaulov |
| 2024-10-08 |
Supplemental document, (Book Form), (3 volumes), Exhibits book , (Printed version filed on 2024-10-18) |
Alexander Shaulov |
| 2024-10-03 | Letter advising parties of an incomplete application for leave to appeal, File opened on Oct. 3, 2024 | |
| 2024-10-01 |
Motion for a stay of execution, (Book Form), Missing: -Proof of service to Claude F. Lefebvre and Marc Gendron Junior (Rec'd 7 Oct 2024), Completed on: 2024-10-07, (Printed version filed on 2024-10-18) |
Alexander Shaulov |
| 2024-10-01 |
Application for leave to appeal, (Book Form), (2 volumes), Missing: -Amended style of cause (rec'd 2024-10-08) -Form 23A or Public access to information form (rec'd 2024-10-08) -Amended information to the parties (Rec'd 7 Oct 2024) -Proof of service for Claude F. Lefebvre and Marc Gendron Junior (Rec'd 7 Oct 2024) -Motion to extend time (rec'd 2024-10-17), Completed on: 2024-10-18, (Printed version filed on 2024-10-18) |
Alexander Shaulov |
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 |
|---|---|---|
| Shaulov, Alexander | Applicant | Active |
| Shaulov Family Trust | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Ville de Sainte-Marthe-sur-le-Lac | Respondent | Active |
| Attorney General of Quebec | Respondent | Active |
| AECOM Consultants Inc. | Respondent | Active |
| Lefebvre, Claude F. | Respondent | Active |
| Gendron Junior, Marc | Respondent | Active |
| Atkinsréalis Canada Inc. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| La Mutuelle des municipalités du Québec | Intervener | Active |
Counsel
Party: Shaulov, Alexander
This party is not represented by counsel.
Party: Shaulov Family Trust
This party is not represented by counsel.
Party: Ville de Sainte-Marthe-sur-le-Lac
Counsel
Charles A. Foucreault
Gabrielle Bergeron
Jean-François Gagné
630, boul. René-Lévesque Ouest
Bureau 1700
Montr, Quebec
H3B 1S6
Email: chloe.lamoureux@clydeco.ca
Party: Attorney General of Quebec
Counsel
Maryse Lorangcer
Gabrielle Robert
Bernard Roy
1, rue Notre-Dame Est # 8.00
Montréal, Quebec
H2Y 1B6
Telephone: (438) 978-4237
FAX: (514) 873-7074
Email: stephanie.garon@justice.gouv.qc.ca
Agent
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: AECOM Consultants Inc.
Counsel
Christine Provencher
800 Victoria Square - Suite 3500
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: srichemont@fasken.com
Party: Lefebvre, Claude F.
Counsel
Christine Provencher
800 Victoria Square - Suite 3500
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: srichemont@fasken.com
Party: Gendron Junior, Marc
Counsel
Christine Provencher
800 Victoria Square - Suite 3500
Montréal, Quebec
H4Z 1E9
Telephone: (514) 397-7400
FAX: (514) 397-7600
Email: srichemont@fasken.com
Party: Atkinsréalis Canada Inc.
Counsel
Julien Tricart
Bénédicte St-Gelais
Complexe Jules-Dallaire, TI
2828, boul. Laurier, bureau 1200
Québec, Quebec
G1V 0B9
Telephone: (418) 649-5461
FAX: (418) 266-4515
Email: mario.welsh@bcf.ca
Party: La Mutuelle des municipalités du Québec
Counsel
Katherine Loranger
Complexe Jules-Dallaire, T3
2820, boul. Laurier, 13e étage
Québec, Quebec
G1V 0C1
Telephone: (438) 844-7806
Email: nathalie.boulanger@langlois.ca
Summary
Keywords
Civil Procedure — Property — Trusts — Representation by counsel — Representation before courts — Obligation to be represented by a lawyer — Court below seized of application for permission to represent a trust by a trustee and beneficiary of the trust who is not a lawyer — Court ruling the obligation to be represented by counsel cannot be circumvented, even if the trust does not have sufficient funds — Does the law allow a trust beneficiary to self-represent? — Code of Civil Procedure, CQLR, c. C-25.01, art. 87(6); Civil Code of Québec, art. 1291.<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.
The Shaulov Family Trust is a plaintiff in an action against the respondents for flood damage suffered by a property owned by the Trust. When the Trust’s lawyer ceased representing it, Alexander Shaulov, who is a trustee and a beneficiary of the Trust, made an application to self-represent in which he argued that (1) he was entitled to act on behalf of the Trust under art. 1291 C.c.Q. without a lawyer, or alternatively (2) he had a sufficient personal interest to intervene in the proceedings without a lawyer.
The Superior Court of Quebec dismissed his application and granted him a delay of 10 days to appoint a lawyer to represent the Trust. The Quebec Court of Appeal refused to grant leave to appeal.
Lower court rulings
Application for permission to self-represent dismissed
Application for leave to appeal dismissed
Application to stay the execution of the judgment rendered by Hamilton J.A. on August 2, 2024, 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