Docket

37320

Pierre-Michel Lajeunesse, et al. v.

(Quebec) (Civil) (By Leave)

Proceedings
Date Proceeding Filed By
(if applicable)
2017-05-09 Transcript received, 115 pages
2017-04-27 Appeal closed
2017-04-24 Discontinuance of miscellaneous motion, (original copy filed April 27, 2017) Commission des normes, de l'équité, de la santé et de la sécurité du travail (formerly known as Commission de la santé et de la sécurité du travail)
2017-04-21 Response to miscellaneous motion, (Letter Form), Completed on: 2017-04-21 9069-4654 Québec inc.
2017-04-21 Formal judgment sent to the registrar of the court of appeal and all parties
2017-04-21 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-04-20 Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-008909-159, dated November 9, 2016, was heard on April 20, 2017 and the Court on that day delivered the following judgment orally:

[TRANSLATION]
GASCON J. — We all agree that the question before us is moot, as the strike of LANEQ (Les avocats et notaires de l’État québécois) is over. The appeal is therefore dismissed without costs. In doing so, we endorse neither the process followed nor the validity of the considerations identified by the Court of Appeal in its decision.

Dismissed
2017-04-20 Amicus curiae's condensed book, (Book Form), Submitted in Court (14 copies) Sébastien Grammond
2017-04-20 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Attorney General of Quebec
2017-04-20 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) Trial Lawyers Association of British Columbia
2017-04-20 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Pierre-Michel Lajeunesse
2017-04-20 Hearing of the appeal, 2017-04-20, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment rendered
2017-04-18 Notice of change of counsel, (Included in the notice of miscellaneous motion), Mathieu Comeau replaces Jean-François Paquet Commission des normes, de l'équité, de la santé et de la sécurité du travail (formerly known as Commission de la santé et de la sécurité du travail)
2017-04-18 Notice of miscellaneous motion, (Book Form), To repeal the stay ordered on December 3, 2016, by Justice Gascon and to dispense from having an agent., Completed on: 2017-04-18 Commission des normes, de l'équité, de la santé et de la sécurité du travail (formerly known as Commission de la santé et de la sécurité du travail)
2017-04-13 Media lock-up requested or proposed, Not applicable - Judgment rendered on the bench
2017-04-11 Correspondence received from, Jean-Sébastien Clouiter dated 2017-04-11. Re: Will not be participating in the appeal 9069-4654 Québec inc.
2017-04-10 Intervener's factum, (Book Form), Completed on: 2017-04-10 Attorney General of Ontario
2017-04-10 Appeal perfected for hearing
2017-04-10 Intervener's book of authorities, (Book Form), 2 copies, Completed on: 2017-04-10 Attorney General of Quebec
2017-04-10 Intervener's factum, (Book Form), Completed on: 2017-04-10 Attorney General of Quebec
2017-04-10 Notice of appearance, Louis Bernier and Marc-André Boucher will be present at the hearing. Attorney General of Quebec
2017-04-07 Intervener's factum, (Book Form), Completed on: 2017-04-07 Trial Lawyers Association of British Columbia
2017-04-06 Correspondence received from, Louis Bernier. Re: Change of agent Attorney General of Quebec
2017-04-06 Amicus curiae's book of authorities, (Book Form), 2 copies, Completed on: 2017-04-06 Sébastien Grammond
2017-04-06 Amicus curiae's factum, (Book Form), Completed on: 2017-04-06 Sébastien Grammond
2017-04-06 Notice of appearance, Sébastien Grammond will be present at the hearing. Sébastien Grammond
2017-04-04 Correspondence received from, 5 reserved seats requested Pierre-Michel Lajeunesse
2017-04-04 Notice of appearance, Pierre Grenier and Guillaume Grenier will be present at the hearing. Pierre-Michel Lajeunesse
2017-04-04 Notice of appearance, Mathew Good and Ariane Bisaillon will be present at the hearing. Trial Lawyers Association of British Columbia
2017-03-31 Notice of appearance, Neil Finkelstein, Paul Boniferro, Sunil Kapur and Brandon Kain will be present at the hearing. Attorney General of Ontario
2017-03-28 Order on motion for leave to intervene, by JUSTICE KARAKATSANIS
2017-03-28 Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the Attorney General of Quebec, the Attorney General of Ontario, the Trial Lawyers Association of British Columbia and the Union des tenanciers de bars du Québec for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motion for leave to intervene of the Union des tenanciers de bars du Québec is dismissed.
The motions for leave to intervene of the Attorney General of Quebec, the Attorney General of Ontario and the Trial Lawyers Association of British Columbia are granted and the said three (3) interveners shall be entitled to each serve and file a factum not to exceed ten (10) pages in length on or before April 10, 2017.
The said three (3) interveners are each granted permission to present oral arguments not exceeding five (5) minutes at the hearing of the appeal.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellants any additional disbursements resulting from their interventions.
Allowed in part
2017-03-28 Submission of motion for leave to intervene, Ka
2017-03-23 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-23, (Printed version filed on 2017-03-24) Trial Lawyers Association of British Columbia
2017-03-20 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-20, (Printed version filed on 2017-03-20) Union des tenanciers de bars du Québec
2017-03-17 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-17 Attorney General of Quebec
2017-03-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-16 Pierre-Michel Lajeunesse
2017-03-16 Response to the motion for leave to intervene, (Letter Form), Response to AG Ontario, Completed on: 2017-03-16 Pierre-Michel Lajeunesse
2017-03-16 Response to the motion for leave to intervene, (Letter Form), Response to UTBQ, Completed on: 2017-03-16 Pierre-Michel Lajeunesse
2017-03-16 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-16 Sébastien Grammond
2017-03-16 Correspondence received from, Sandrine Dutailly dated 2017-03-16 (e-mail). Re: Change of counsel from same firm Tribunal administratif du travail (formerly known as Commission des lésions professionnelles)
2017-03-13 Motion for leave to intervene, (Book Form), Completed on: 2017-03-13 Attorney General of Quebec
2017-03-13 Motion for leave to intervene, (Book Form), Completed on: 2017-03-13 Attorney General of Ontario
2017-03-13 Motion for leave to intervene, (Book Form), Completed on: 2017-03-13 Union des tenanciers de bars du Québec
2017-03-07 Response to the motion for leave to intervene, (Letter Form), Completed on: 2017-03-07 Pierre-Michel Lajeunesse
2017-03-06 Notice of name Trial Lawyers Association of British Columbia
2017-03-06 Intervener's book of authorities, (Book Form), On intervention, Completed on: 2017-03-06 Trial Lawyers Association of British Columbia
2017-03-06 Motion for leave to intervene, (Book Form), Completed on: 2017-03-06 Trial Lawyers Association of British Columbia
2017-02-22 Notice of hearing sent to parties
2017-02-21 Correspondence (sent by the Court) to, Mr. Sébastien Grammond (amicus curiae), Re: his role in the appeal
2017-02-21 Order by, the Chief Justice, CJ, IL EST ORDONNÉ CE QUI SUIT :
Puisqu’il n’a pas des parties aux intérêts opposés à ceux des appelants dans le présent appel, Me Sébastien Grammond est nommé amicus curiae afin d’aider la Cour en déposant un mémoire d’au plus 40 pages et, le cas échéant, un recueil de sources, au plus tard le 6 avril 2017, et en présentant une plaidoirie orale durant l’audition du pourvoi.
Les honoraires et débours raisonnables de Me Sébastien Grammond seront payés, sur consentement, par la Procureure générale du Québec.
Granted
2017-02-21 Appeal hearing scheduled, 2017-04-20
Judgment rendered
2017-02-17 Certificate of counsel (attesting to record) Pierre-Michel Lajeunesse
2017-02-17 Appellant's book of authorities, (Book Form), (2 copies), Completed on: 2017-02-17 Pierre-Michel Lajeunesse
2017-02-17 Appellant's record, (Book Form), (20 copies), Completed on: 2017-02-17 Pierre-Michel Lajeunesse
2017-02-17 Appellant's factum, (Book Form), Completed on: 2017-02-17 Pierre-Michel Lajeunesse
2017-01-25 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), (by fax January 25, 2017)
2017-01-25 Order by, CJ, IT IS HEREBY ORDERED THAT:
1.Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before March 13, 2017.
2.The appellants shall serve and file their responses, if any, to the motions for leave to intervene on or before March 16, 2017.
3.Replies to any responses to the motions for leave to intervene shall be served and filed on or before March 17, 2017.
4.Any interveners granted leave to intervene under Rule 59 of the Rules of the Supreme Court of Canada shall serve and file their factums and books of authorities on or before April 10, 2017.
Granted
2017-01-19 Correspondence received from, Jean-Sébastien Cloutier, by email, dated January 19, 2017, Re: submissions on costs for amicus 9069-4654 Québec inc.
2017-01-18 Correspondence received from, Jean-François Paquet, dated January 18, 2017, Re: will not participate in the appeal Commission des normes, de l'équité, de la santé et de la sécurité du travail (formerly known as Commission de la santé et de la sécurité du travail)
2017-01-18 Correspondence received from, Jean-François Paquet, dated January 18, 2017, Re: submissions on costs for amicus Commission des normes, de l'équité, de la santé et de la sécurité du travail (formerly known as Commission de la santé et de la sécurité du travail)
2017-01-18 Notice of appeal, (Letter Form), Completed on: 2017-01-18, (Electronic version filed on 2017-01-18) Pierre-Michel Lajeunesse
2017-01-16 Correspondence received from, (Letter Form), Mélissa Parisi (by email). Mr. Mathieu Delorme is agent for the appellants. , (Electronic version filed on 2017-01-16) Pierre-Michel Lajeunesse
2017-01-11 Correspondence received from, Guillaume Grenier, by email, Re: submissions on costs for the amicus as ordered in Decembe 22, 2016 judgment Pierre-Michel Lajeunesse
2016-12-29 Correspondence received from, (Letter Form), Me Claude Verge, re: the Tribunal administratif du travail will not participate in any way in the appeal before this Court. Tribunal administratif du travail (formerly known as Commission des lésions professionnelles)
2016-12-23 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-12-23 Judgment on leave sent to the parties
2016-12-22 Decision on the application for leave to appeal, CJ Wa Ga, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-008909-159, dated November 9, 2016, is granted with no order as to costs.

The order of Gascon J. made on December 3, 2016, staying the proceedings in the court below pursuant to s. 65.1 of the Supreme Court Act, is hereby varied pursuant to s. 65.1(3) of the Act to extend the stay of proceedings to the date of the judgment on this appeal or until the Court orders otherwise.

It is further ordered that 9069-4654 Québec inc. shall be named as an intervener in the proceedings before this Court as it appears that 9069-4654 Québec inc. is not adverse in interest to the appellants in these proceedings.

The following direction is given with respect to the conduct of this appeal. As it appears that there is no party who is adverse in interest to the appellants and therefore no respondent in this appeal, and as it is in the interest of justice that the Court appoint an amicus curiae to ensure that all issues arising in the appeal are fully canvassed before the Court, the Court will order that an amicus be appointed. The appellants and interveners are invited to make submissions by January 19, 2017 as to who shall pay the reasonable fees and disbursements of any amicus curiae appointed to assist the Court in this appeal. The Court or a judge will then issue an order appointing an amicus curiae and directing the payment of the reasonable fees and disbursements.

The appellants shall serve the notice of appeal on all parties as required by the Supreme Court Act and Rules, and also shall serve the notice on the Attorney General of Quebec who has given notice of intention to apply for leave to intervene in this appeal.
Granted, no order as to costs
2016-12-12 All materials on application for leave submitted to the Judges, CJ Wa Ga
2016-12-09 Correspondence received, from Louis P. Bernier (by email). The Attorney General of Québec will not submit a motion for leave to intervene at the application stage.
2016-12-06 Intervener's memorandum of argument on application for leave, (Letter Form), Completed on: 2016-12-06, (Electronic version filed on 2016-12-06) Commission des normes, de l'équité, de la santé et de la sécurité du travail (formerly known as Commission de la santé et de la sécurité du travail)
2016-12-05 Intervener's memorandum of argument on application for leave, (Letter Form), Completed on: 2016-12-05, (Electronic version filed on 2016-12-05) Tribunal administratif du travail (formerly known as Commission des lésions professionnelles)
2016-12-05 Respondent's response on the application for leave to appeal, (Letter Form), Completed on: 2016-12-05, (Electronic version filed on 2016-12-05) 9069-4654 Québec inc.
2016-12-05 Correspondence received from, (Letter Form), (Included in the intervener's memorandum of argument on application for leave), Claude Verge (by email). Me Claude Verge is counsel for Tribunal administratif du travail in that file. , (Electronic version filed on 2016-12-05) Tribunal administratif du travail (formerly known as Commission des lésions professionnelles)
2016-12-02 Order issued on motion for a stay of execution, (by JUSTICE GASCON. Signed and distributed on December 3, 2016)
2016-12-02 Decision on the motion for a stay of execution, (Signed and distributed on December 3, 2016), Ga, UPON A MOTION by the applicants for an order staying the proceedings in the Quebec Court of Appeal in file No. 200-09-008909-159 as well as a motion to expedite the motion for a stay of proceedings;
AND THE MATERIAL FILED to date in the Court’s record, including the correspondence exchanged in relation to a [TRANSLATION] “Notice of Intention with Respect to the Filing of a Notice of Intervention” from counsel for the Attorney General of Quebec, having been read;
IT IS HEREBY ORDERED THAT:
1.The motion to expedite proceedings is granted;
2.The motion for an order staying the proceedings in the Quebec Court of Appeal in file No. 200-09-008909-159 is granted;
3.The proceedings in the Quebec Court of Appeal in file No. 200-09-008909-159 shall be stayed until judgment has been rendered on the applicants’ application for leave to appeal; and
4.The applicants’ application for leave to appeal shall be expedited.
Granted
2016-12-02 Submission of motion for a stay of execution, (Signed and distributed on December 3, 2016), Ga
2016-12-02 Correspondence received from, (Letter Form), Geneviève Demers (by email). Mr. Pierre-Étienne Morand will be co-counsel in this case with Mr. Jean-Sébastien Cloutier. , (Electronic version filed on 2016-12-02) 9069-4654 Québec inc.
2016-12-02 Correspondence received from, (Letter Form), Jean-François Paquet (by email). Mr. Paquet is counsel for CNESST., (Electronic version filed on 2016-12-02) Commission des normes, de l'équité, de la santé et de la sécurité du travail (formerly known as Commission de la santé et de la sécurité du travail)
2016-12-02 Correspondence received from, (Letter Form), Jean-François Paquet (by email). Response to the letter of Mr. Bernier filed on 2016-12-01., (Electronic version filed on 2016-12-02) Commission des normes, de l'équité, de la santé et de la sécurité du travail (formerly known as Commission de la santé et de la sécurité du travail)
2016-12-02 Correspondence received from, (Letter Form), Jean-Sébastien Cloutier (by email). Response to the letter of Mr. Bernier filed on 2016-12-01. , (Electronic version filed on 2016-12-02) 9069-4654 Québec inc.
2016-12-02 Correspondence received from, (Letter Form), Pierre Grenier (by email). Response to the letter of Mr. Bernier filed on 2016-12-01., (Electronic version filed on 2016-12-02) Pierre-Michel Lajeunesse
2016-12-01 Correspondence received, Louis P. Bernier (by email). Avis d'intention relatif au dépôt d'une requête en intervention from the Attorney General of Québec.
2016-12-01 Response to the motion for a stay of execution, (Letter Form), No position., Completed on: 2016-12-01, (Electronic version filed on 2016-12-01) Commission des normes, de l'équité, de la santé et de la sécurité du travail (formerly known as Commission de la santé et de la sécurité du travail)
2016-11-30 Response to the motion for a stay of execution, (Letter Form), No position. , Completed on: 2016-11-30, (Electronic version filed on 2016-11-30) Tribunal administratif du travail (formerly known as Commission des lésions professionnelles)
2016-11-30 Letter acknowledging receipt of a complete application for leave to appeal, (File opened 2016-11-30)
2016-11-29 Motion for a stay of execution, (Book Form), Motion to expedite the motion for stay included in the same book. New covers filed on 2016-12-01 (inserted on books)., Completed on: 2016-11-29, (Electronic version filed on 2016-12-01) Pierre-Michel Lajeunesse
2016-11-29 Certificate (on limitations to public access), (Letter Form), Amended certificate filed on 2016-12-01., (Electronic version filed on 2016-12-01) Pierre-Michel Lajeunesse
2016-11-29 Application for leave to appeal, (Book Form), New Covers and amended notice of application for leave to appeal filed on 2016-12-01 (all inserted in books), Completed on: 2016-11-30, (Electronic version filed on 2016-12-01) Pierre-Michel Lajeunesse