Docket

38297

Volkswagen Group Canada Inc., et al. v. Association québécoise de lutte contre la pollution atmosphérique, et al.

(Quebec) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2020-10-15 Appeal closed
2020-10-15 Certificate of taxation issued to, Me Stéphane Pagé
2020-10-15 Decision on the bill of costs, in the amount of $7,546.51, DeRg
2020-10-15 Submission of the bill of costs, DeRg
2020-04-20 Bill of costs, (Letter Form), Completed on: 2020-10-15 Association québécoise de lutte contre la pollution atmosphérique
2019-11-26 Transcript received, 112 pages
2019-11-14 Formal judgment sent to the registrar of the court of appeal and all parties
2019-11-14 Judgment on appeal and notice of deposit of judgment sent to all parties
2019-11-13 Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-009717-189, 2018 QCCA 1034, dated June 18, 2018, was heard on November 13, 2019, and the Court on that day delivered the following judgment orally:

[TRANSLATION]
THE CHIEF JUSTICE — A majority of the Court finds that the Court of Appeal judge did not err in exercising her discretion, and the appeal is therefore dismissed with costs.

Justices Moldaver, Brown and Rowe would have allowed the appeal on the basis that the Court of Appeal judge should have granted leave to appeal on the question of law raised by the appellants. They would have remanded the case to the Court of Appeal for a decision on the merits.

Justice Côté would have allowed the appeal with costs.
Dismissed, with costs
2019-11-13 Hearing of the appeal, 2019-11-13, CJ Abe Mo Ka Côt Br Row Mar Kas
Judgment rendered
2019-11-13 Intervener's condensed book, (Book Form), Submitted in Court (14 copies) ENvironnment JEUnesse and Quebec Environmental Law Centre
2019-11-13 Respondent's condensed book, (Book Form), Submitted in Court (14 copies) Association québécoise de lutte contre la pollution atmosphérique
2019-11-13 Appellant's condensed book, (Book Form), Submitted in Court (14 copies) Volkswagen Group Canada Inc.
2019-11-07 Correspondence received from, (Letter Form), Additional decision for Book of Authorities. Association québécoise de lutte contre la pollution atmosphérique
2019-11-07 Correspondence received from, (Letter Form), 1 additional reserved seat requested. Volkswagen Group Canada Inc.
2019-11-05 Correspondence received from, (Letter Form), 2 additional reserved seats requested. Association québécoise de lutte contre la pollution atmosphérique
2019-10-30 Correspondence received from, (Letter Form), 6 reserved seats requested. Association québécoise de lutte contre la pollution atmosphérique
2019-10-30 Notice of appearance, (Letter Form), Stéphane Pagé, Éric Bouchard and Dominique Neuman will appear before the court. Mr. Pagé will present oral arguments. Association québécoise de lutte contre la pollution atmosphérique
2019-10-30 Correspondence received from, (Letter Form), 5 reserved seats requested.
Volkswagen Group Canada Inc.
2019-10-30 Notice of appearance, (Letter Form), Guy Pratte and Stéphane Pitre will appear before the court. Mr. Pratte will present oral arguments. Volkswagen Group Canada Inc.
2019-10-30 Correspondence received from, (Letter Form), 3 reserved seats requested.
ENvironnment JEUnesse and Quebec Environmental Law Centre
2019-10-30 Intervener's book of authorities, (Book Form), Completed on: 2019-10-30 ENvironnment JEUnesse and Quebec Environmental Law Centre
2019-10-30 Intervener's factum, (Book Form), Completed on: 2019-10-30 ENvironnment JEUnesse and Quebec Environmental Law Centre
2019-10-29 Notice of appearance, (Letter Form), Bruce W. Johnston and Anne-Julie Asselin will appear before the court. Mr. Johnston will present oral arguments. ENvironnment JEUnesse and Quebec Environmental Law Centre
2019-10-03 Appeal perfected for hearing
2019-09-20 Certificate of counsel (attesting to record), (Letter Form) Association québécoise de lutte contre la pollution atmosphérique
2019-09-20 Respondent's record, (Book Form), Completed on: 2019-09-20 Association québécoise de lutte contre la pollution atmosphérique
2019-09-20 Respondent's book of authorities, (Book Form), Completed on: 2019-09-20 Association québécoise de lutte contre la pollution atmosphérique
2019-09-20 Respondent's factum, (Book Form), Completed on: 2019-09-20 Association québécoise de lutte contre la pollution atmosphérique
2019-09-20 Order on motion for leave to intervene, by ROWE J.
2019-09-20 Decision on the motion for leave to intervene, Row,
UPON APPLICATION by ENvironnement JEUnesse and the Quebec Environmental Law Centre (jointly) 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 is granted and the said group of interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before October 30, 2019.
The said group of interveners is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
The interveners shall not be 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 and the respondents any additional disbursements resulting from their intervention.
Granted
2019-09-20 Submission of motion for leave to intervene, Row
2019-09-18 Correspondence received from, (Letter Form), counsel for the proposed intervener.
Correction to correspondence received on 2019-09-13.
Does not object to the late filing and service of the response of the respondents to the motion for leave to intervene.
ENvironnment JEUnesse and Quebec Environmental Law Centre
2019-09-13 Correspondence received from, (Letter Form), counsel for the proposed intervener. ENvironnment JEUnesse and Quebec Environmental Law Centre
2019-09-13 Correspondence received from, (Letter Form), counsel for the appellants.
Does not object to the late filing and service of the response of the respondents to the motion for leave to intervene.
Volkswagen Group Canada Inc.
2019-09-09 Reply to the motion for leave to intervene, (Letter Form),
MISSING: proof of service (received 2019-09-10)
, Completed on: 2019-09-16, (Printed version filed on 2019-09-10)
ENvironnment JEUnesse and Quebec Environmental Law Centre
2019-09-06 Response to the motion for leave to intervene, (Letter Form),
Courtesy English version received on 2019-09-10, Completed on: 2019-09-06
Association québécoise de lutte contre la pollution atmosphérique
2019-09-03 Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-03 Volkswagen Group Canada Inc.
2019-08-23 Notice of name, (Letter Form), Quebec Environmental Law Centre
(print version received on 2019-08-26)
ENvironnment JEUnesse and Quebec Environmental Law Centre
2019-08-23 Notice of name, (Letter Form), ENvironnement JEUnesse
(print version received on 2019-08-26)
ENvironnment JEUnesse and Quebec Environmental Law Centre
2019-08-23 Motion for leave to intervene, (Book Form),
MISSING:
1) print versions (received on 2019-08-26)
2) filing fee (received on 2019-08-26), Completed on: 2019-08-26, (Printed version filed on 2019-08-26)
ENvironnment JEUnesse and Quebec Environmental Law Centre
2019-08-08 Notice of hearing sent to parties
2019-08-02 Notice of change of counsel, (Letter Form), Sylvie Labbé and Pierre Landry will be agents for the respondents. Association québécoise de lutte contre la pollution atmosphérique
2019-07-31 Appeal hearing scheduled, 2019-11-13
Judgment rendered
2019-07-26 Appellant's record, (Book Form), (4 volumes), Completed on: 2019-07-26 Volkswagen Group Canada Inc.
2019-07-26 Appellant's book of authorities, (Book Form), AMENDED VERSION filed on 2019-11-07 (and served on 2019-11-06), Completed on: 2019-07-26 Volkswagen Group Canada Inc.
2019-07-26 Certificate of counsel (attesting to record), (Letter Form) Volkswagen Group Canada Inc.
2019-07-26 Appellant's factum, (Book Form), Courtersy English copy received 10/08/19., Completed on: 2019-07-26 Volkswagen Group Canada Inc.
2019-07-24 Correspondence received from, (Letter Form), Updated contact information for counsel for the respondents. Association québécoise de lutte contre la pollution atmosphérique
2019-06-03 Notice of appeal, (Letter Form), Completed on: 2019-06-03 Volkswagen Group Canada Inc.
2019-05-24 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2019-05-03 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2019-05-03 Judgment on leave sent to the parties
2019-05-02 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 (Québec), Number 200-09-009717-189, 2018 QCCA 1034, dated June 18, 2018, is granted with costs in the cause.
Granted, with costs in the cause
2019-03-11 All materials on application for leave submitted to the Judges, for consideration by the Court
2018-11-13 Correspondence received from, (Letter Form), The applicants are providing a courtesy copy of the english translation of the reply. Volkswagen Group Canada Inc.
2018-10-29 Applicant's reply to respondent's argument, (Book Form), English translation of reply rec'd 2018/11/13, Completed on: 2018-10-29 Volkswagen Group Canada Inc.
2018-10-19 Certificate (on limitations to public access), (Letter Form) Association québécoise de lutte contre la pollution atmosphérique
2018-10-19 Notice of name, (Letter Form), Amended notice required-rec'd 2018/10/19 Association québécoise de lutte contre la pollution atmosphérique
2018-10-19 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-10-19 Association québécoise de lutte contre la pollution atmosphérique
2018-09-19 Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018/09/19
2018-09-17 Notice of name, (Letter Form) Volkswagen Group Canada Inc.
2018-09-17 Certificate (on limitations to public access), (Letter Form) Volkswagen Group Canada Inc.
2018-09-17 Application for leave to appeal, (Book Form), Signed judgment of the Court of Appeal and Superior Court missing-both rec'd 2018/09/25
6 English copies of the memorandum of argument filed 2018/10/22, Completed on: 2018-09-25
Volkswagen Group Canada Inc.