Case information
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41498
Heythem Bousnina v. Centre Médical Brunswick
(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 application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-700173-230, 2024 QCCA 1058, dated August 9, 2024, is dismissed. Dismissed |
|
| 2025-01-20 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-10-23 | Lower court order - e-filing, Court of Quebec orders and judgement | Heythem Bousnina |
| 2024-10-23 | Certificate (on limitations to public access), 23A | Heythem Bousnina |
| 2024-10-17 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2024-10-08 |
Application for leave to appeal, (Book Form), Missing: - Public Access to Information Form (Rec'd 10-23-2024) - Lower Court Information (Judgment and Orders) (Rec'd 10-23-2024), Completed on: 2024-10-24 |
Heythem Bousnina |
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 |
|---|---|---|
| Bousnina, Heythem | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Centre Médical Brunswick | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Commission d'accès a l'information | Intervener | Active |
Counsel
Party: Bousnina, Heythem
This party is not represented by counsel.
Party: Centre Médical Brunswick
Counsel
800 boul. René-Lévesque Ouest
26e Étage
Montréal, Quebec
H3B 1X9
Telephone: (514) 878-3240
FAX: (514) 878-5740
Email: anoel@dgchait.com
Party: Commission d'accès a l'information
Counsel
1 rue Notre-Dame Est
Suite 8
Québec, Quebec
H2Y 1B6
Telephone: (514) 393-2336
Email: BernardRoy@justice.gouv.qc.ca
Summary
Keywords
Courts — Jurisdiction — Appeal — Decisions of Commission d’accès à l’information on application for examination of disagreement appealed to Court of Québec — Applications to appeal dismissed by Court of Québec — Notice of appeal from Court of Quebec’s judgment to Court of Appeal filed — Whether Quebec Court of Appeal erred in dismissing appeal for lack of jurisdiction, basing its decision on s. 69 of Act respecting the protection of personal information in the private sector — Whether Act ensures respect for fundamental rights and access to justice — Whether Act is constitutional and consistent with Charter — Act respecting the protection of personal information in the private sector, CQLR, c. P-39.1, s. 69.
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.
Dissatisfied with two decisions rendered by the Commission d’accès à l’information, the applicant, Heythem Bousnina, appealed those decisions to the Court of Québec. He later filed with the Court of Appeal a notice of appeal from the judgment rendered by the Court of Québec allowing an application by the respondent, Centre Médical Brunswick, for dismissal and for a declaration of abuse. The Court of Appeal dismissed the appeal for lack of jurisdiction, since s. 69 of the Act respecting the protection of personal information in the private sector provided that the decision of the Court of Québec judge was without appeal.
Lower court rulings
Application by Centre Médical Brunswick for dismissal and for declaration of abuse allowed; Mr. Bousnina’s applications to appeal dismissed and declared abusive; Mr. Bousnina ordered to pay Centre Médical Brunswick $3,000
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