Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
29252
The League for Human Rights of B’Nai Brith Canada v. Syndicat Northcrest
(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) |
|---|---|---|
| 2004-10-12 | Appeal closed | |
| 2004-10-08 | Supplemental document, 1 copy of documents entitled "Declaration of Co-ownership Northcrest Association" | The League for Human Rights of B’Nai Brith Canada |
| 2004-09-23 | Record returned to the Registrar of the Court of Appeal | |
| 2004-07-02 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2004-06-30 |
Judgment on the appeal rendered, CJ Ia Ma Ba Bi Arb LeB De F, The appeal from the judgments of the Court of Appeal of Quebec (Montréal), Numbers 500-09-006816-985 and 500-09-006817-985, dated April 12, 2002, heard on January 19, 2004, is allowed with costs throughout, Bastarache, Binnie, LeBel and Deschamps JJ. dissenting. The decisions of the Court of Appeal are set aside. The appellants have a right to set up succahs on their balconies for a period lasting no longer than the holiday of Succot, so long as the structure allows room for a passageway in case of emergency as well as conforms, as much as possible, with the general aesthetics of the property. Allowed, with costs |
|
| 2004-02-03 | Transcript received, (90 pages) | |
| 2004-01-19 | Supplemental document, (Joint with 29253) | World Sikh Organization of Canada |
| 2004-01-19 |
Hearing of the appeal, 2004-01-19, CJ Ia Ma Ba Bi Arb LeB De F Judgment reserved |
|
| 2004-01-19 | Judgment reserved OR rendered with reasons to follow | |
| 2004-01-19 | Acknowledgement and consent for video taping of proceedings, from all counsel | |
| 2004-01-19 | Supplemental document, (Condensed Book - Joint with 29253) | Ontario Human Rights Commission |
| 2004-01-19 | Supplemental document, (condensed book - joint with 29253) | Evangelical Fellowship of Canada |
| 2004-01-19 | Respondent's condensed book, (Joint with 29253) | Syndicat Northcrest |
| 2004-01-15 | Notice of appearance, from Lang Michener | Evangelical Fellowship of Canada |
| 2004-01-09 | Notice of appearance, from Lang Michener (Joint with 29253) | World Sikh Organization of Canada |
| 2004-01-08 | Appellant's book of authorities, (Supplemental - Original of proof of service rec'd Jan. 12/04), Completed on: 2004-01-08 | The League for Human Rights of B’Nai Brith Canada |
| 2004-01-08 | Notice of appearance, from Lang Michener | The League for Human Rights of B’Nai Brith Canada |
| 2004-01-06 | Correspondence received from, from Chipeur Advocates re: requesting extra time for oral submission (Joint with 29253) | Evangelical Fellowship of Canada |
| 2004-01-05 |
Order by, (REVISED ON JAN. 9/04), Arb, UPON APPLICATIONS by the Evangelical Fellowship of Canada and the Seventh-Day Adventist Church in Canada, for leave to intervene in the above three appeals number 29252, 29253 and 29507 and pursuant to the order of September 22, 2003, revised on October 6, 2003; IT IS HEREBY FURTHER ORDERED THAT the said interveners are granted permission to present a shared oral argument not exceeding fifteen (15) minutes on the day of the hearing in the appeals 29252 and 29253 and the said interveners are granted permission to present an oral argument not exceeding fifteen (15) minutes on the day of the hearing in the appeal 29507. UPON APPLICATIONS by the World Sikh Organization of Canada and the Ontario Human Rights Commission, for leave to intervene in the above two appeals number 29252 and 29253 and pursuant to the order of September 22, 2003, revised on October 6, 2003; IT IS HEREBY FURTHER ORDERED THAT the said interveners are each granted permission to present oral argument not exceeding fifteen (15) minutes on the day of the hearing of these appeals. UPON APPLICATION by the Canadian Civil Liberties Association leave to intervene in the above appeal number 29507 and pursuant to the order of November 6, 2003; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding fifteen (15) minutes on the day of the hearing of the appeal. Granted |
|
| 2003-12-19 | Book of authorities, Joint authorities - 14 copies, Completed on: 2003-12-19 | Evangelical Fellowship of Canada |
| 2003-12-19 | Intervener's factum, Joint factum - see decision of Dec 1/03, Completed on: 2003-12-19 | Evangelical Fellowship of Canada |
| 2003-12-01 |
Decision on motion to extend time, to serve and file a joint single factum of the interveners The Evangelical Fellowship in Canada and Seventh-Day Adventist Church in Canada to Dec. 19/03 in files 29252 and 29253, Reg Granted |
|
| 2003-12-01 | Submission of motion to extend time, Reg | |
| 2003-11-25 | Notice of appearance, from Bergeron, Gaudreau, Laporte (Joint with 29253) | Syndicat Northcrest |
| 2003-11-24 | Response to motion to extend time, (Letter Form), from H. Brown dated Nov. 20, 2003, Completed on: 2003-11-24 | Moïse Amselem, Gladys Bouhadana, Antal Klein and Grabriel Fonfeder |
| 2003-11-24 | Notice of hearing sent to parties | |
| 2003-11-20 |
Appeal hearing scheduled, 2004-01-19 Judgment reserved |
|
| 2003-11-19 | Response to motion to extend time, (Letter Form), from Pierre G. Champagne dated 11/19/03 (joint with 29253), Completed on: 2003-11-19 | Syndicat Northcrest |
| 2003-11-18 | Correspondence received from, J. Beedell dated Nov. 18, 2003 (fax copy) re: has been appointed Ottawa agent (joint with 29253 & 29507) | Evangelical Fellowship of Canada |
| 2003-11-17 | Intervener's factum, (joint with 29253), Completed on: 2003-12-01 | Ontario Human Rights Commission |
| 2003-11-17 | Book of authorities, (joint with 29253), Completed on: 2003-11-17 | World Sikh Organization of Canada |
| 2003-11-17 | Intervener's factum, (joint with 29253), Completed on: 2003-11-17 | World Sikh Organization of Canada |
| 2003-11-17 | Motion to extend time, to file a single joint factum to 12/19/03 (joint with 29253), Completed on: 2003-11-21 | Evangelical Fellowship of Canada |
| 2003-10-15 | Notice of appearance, Rajan Prabhu (Joint with 29253) | Ontario Human Rights Commission |
| 2003-10-02 | Appeal perfected for hearing | |
| 2003-09-24 | Correspondence received from, G. Chipeur dated Sept. 23, 2003 (fax copy) re: order of Justice Arbour dated Sept. 22, 2003 (joint with 29253 and 29507) | Evangelical Fellowship of Canada |
| 2003-09-22 | Respondent's factum, Completed on: 2003-09-22 | Syndicat Northcrest |
| 2003-09-22 | Order on motion for leave to intervene, (BY ARBOUR J.) (revised Oct. 6) | |
| 2003-09-22 |
Decision on the motion for leave to intervene, Arb, REVISED OCT. 6 - The motions for leave to intervene of the applicants, the Evangelical Fellowship of Canada and the Seventh-Day Adventist Church in Canada, in appeals number 29252, 29253 are granted and the applicants shall be entitled to serve and file a single joint factum not to exceed 20 pages in length. The motions for leave to intervene of the applicants, the Evangelical Fellowship of Canada and the Seventh-Day Adventist Church in Canada, in appeal number 29507 are granted and the applicants shall be entitled to serve and file a single factum not to exceed 20 pages in length. The motion for leave to intervene of the applicant, the Christian Legal Fellowship, in appeals number 29252, 29253 and 29507, is dismissed. The motions for leave to intervene of the applicants, the World Sikh Organization of Canada, the Ontario Human Rights Commission, in appeals number 29252 and 29253 are granted and the applicants shall be entitled to each serve and file a single factum for both appeals not to exceed 20 pages in length. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners shall not be entitled to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) the interveners shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by their intervention. Allowed in part |
|
| 2003-09-19 | Submission of motion for leave to intervene, Arb | |
| 2003-09-15 | Correspondence received from, Gowlings dated Sept. 15, 2003 re; confirming that the intervention by Ontario Human Rights should apply also in 29253 | Ontario Human Rights Commission |
| 2003-09-15 | Reply to the motion for leave to intervene, (Letter Form), from H. Schwartz dated Sept. 12, 2003 (joint with 29253), Completed on: 2003-09-15 | Ontario Human Rights Commission |
| 2003-09-11 | Reply to the motion for leave to intervene, book form, Completed on: 2003-09-11 | World Sikh Organization of Canada |
| 2003-09-08 | Respondent's record, vol. 1 and 2 (joint with 29253), Completed on: 2003-09-08 | Syndicat Northcrest |
| 2003-09-08 | Respondent's book of authorities, vol. 1 and 2 (joint with 29253), Completed on: 2003-09-08 | Syndicat Northcrest |
| 2003-09-08 | Response to the motion for leave to intervene, (Letter Form), from De Grandpré, Jolicoeur dated Sept. 2, 2003 and Sept. 4, 2003 (joint with 29253)(responding to all interventions), Completed on: 2003-09-08 | Syndicat Northcrest |
| 2003-09-02 | Response to the motion for leave to intervene, (Letter Form), from de Grandpré, Joli-Coeur dated Sept. 2, 2003 (joint with 29253) re: intervention by Ont. Human Rights, Completed on: 2003-09-02 | Syndicat Northcrest |
| 2003-08-28 | Response to the motion for leave to intervene, (Letter Form), from Lang Michener, Completed on: 2003-08-28 | The League for Human Rights of B’Nai Brith Canada |
| 2003-08-27 | Motion for leave to intervene, book form, Completed on: 2003-08-27 | World Sikh Organization of Canada |
| 2003-08-20 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2003-08-20 | Evangelical Fellowship of Canada |
| 2003-08-12 | Motion for leave to intervene, Joint with 29253, Completed on: 2003-08-12 | Ontario Human Rights Commission |
| 2003-08-08 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2003-08-08 | Syndicat Northcrest |
| 2003-07-31 | Appellant's book of authorities, Completed on: 2003-07-31 | The League for Human Rights of B’Nai Brith Canada |
| 2003-07-31 | Appellant's factum, Completed on: 2003-08-11 | The League for Human Rights of B’Nai Brith Canada |
| 2003-07-15 | Appellant's record, (joint with 29253), Completed on: 2003-07-15 | The League for Human Rights of B’Nai Brith Canada |
| 2003-07-09 | Motion for leave to intervene, Completed on: 2003-07-31 | Seventh-day Adventist Church in Canada |
| 2003-07-09 | Motion for leave to intervene, Completed on: 2003-07-31 | Christian Legal Fellowship |
| 2003-07-09 | Motion for leave to intervene, Completed on: 2003-07-31 | Evangelical Fellowship of Canada |
| 2003-05-12 | Notice of deposit for security | The League for Human Rights of B’Nai Brith Canada |
| 2003-05-09 | Correspondence (sent by the Court) to, all parties re: tentatively reassigned Jan. 19/04 hearing date | |
| 2003-05-08 | Notice of appeal, Completed on: 2003-05-09 | The League for Human Rights of B’Nai Brith Canada |
| 2003-05-06 | Correspondence received from, Me Champagne re: hearing date | Syndicat Northcrest |
| 2003-04-25 | Appeal court record, (1 padded envelope) | |
| 2003-04-14 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-04-11 | Judgment on leave sent to the parties | |
| 2003-04-10 |
Judgment of the Court on the application for leave to appeal, The application for an extension of time and the application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-09-006817-985, dated April 12, 2002, are granted. Granted |
|
| 2003-04-10 |
Decision on motion to extend time to file and /or serve the leave application Granted |
|
| 2003-02-24 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-02-24 | Submission of motion to extend time to file and/ or serve the leave application, Ia Bi LeB | |
| 2002-08-06 | Response to the motion to extend the time to file and / or serve the leave application, (incluse dans la réponse à la demande d'autorisation d'appel), Completed on: 2002-08-06 | Syndicat Northcrest |
| 2002-08-06 | Respondent's response on the application for leave to appeal, Completed on: 2002-08-06 | Syndicat Northcrest |
| 2002-07-02 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-06-27 | Correspondence received from, S. Slimovitch dated June 26, 2002 re: disregard the notice of application filed on June 13, 2002 | The League for Human Rights of B’Nai Brith Canada |
| 2002-06-27 | Application for leave to appeal, Completed on: 2002-06-27 | The League for Human Rights of B’Nai Brith Canada |
| 2002-06-27 | Motion to extend the time to file and or serve the application for leave to appeal, (included in leave application), Completed on: 2002-06-27 | The League for Human Rights of B’Nai Brith Canada |
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 |
|---|---|---|
| The League for Human Rights of B’Nai Brith Canada | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Syndicat Northcrest | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Moïse Amselem, Gladys Bouhadana, Antal Klein and Grabriel Fonfeder | Other | Active |
| Miguel Bernfield and Edith Jaul | Other | Active |
| Evangelical Fellowship of Canada | Intervener | Active |
| Seventh-day Adventist Church in Canada | Intervener | Active |
| World Sikh Organization of Canada | Intervener | Active |
| Ontario Human Rights Commission | Intervener | Active |
Counsel
Party: The League for Human Rights of B’Nai Brith Canada
Counsel
David Matas
Suite 1590
Montréal, Quebec
H2Y 2W8
Telephone: (514) 984-2309
FAX: (514) 845-5546
Email: slimovitch@montrealcriminallaw.com
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Syndicat Northcrest
Counsel
Yves Joli-Coeur
2000 McGill College Avenue
Suite 1600
Montreal, Quebec
H3A 3H3
Telephone: (514) 287-9535 Ext: 203
FAX: (514) 499-0469
Agent
167, rue Notre Dame de l'Île
Gatineau, Quebec
J8X 3T3
Telephone: (819) 770-7928
FAX: (819) 770-1424
Email: bergeron.gaudreau@qc.aira.com
Party: Moïse Amselem, Gladys Bouhadana, Antal Klein and Grabriel Fonfeder
Counsel
Lynne-Marie Casgrain
Elisabeth Goodwin
Jean-Philippe Desmarais
2102 - 3410 rue Peel
Montréal, Quebec
H3A 1W8
Telephone: (514) 288-6180
FAX: (514) 288-8908
Email: julius.grey@sympatico.ca
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Party: Miguel Bernfield and Edith Jaul
Counsel
Bureau 750
4, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B8
Telephone: (514) 499-7575
FAX: (514) 499-1050
Email: elmasri@qc.aibn.com
Party: Evangelical Fellowship of Canada
Counsel
Dale Wm. Fedorchuk
2380 Ernest & Young Tower
440 - 2nd Avenue S.W.
Calgary, Alberta
T2P 5E9
Telephone: (403) 537-6536
FAX: (403) 537-6538
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: Seventh-day Adventist Church in Canada
Counsel
Dale Wm. Fedorchuk
2380 Ernest & Young Tower
440 - 2nd Avenue S.W.
Calgary, Alberta
T2P 5E9
Telephone: (403) 537-6536
FAX: (403) 537-6538
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: jbeedell@langmichener.ca
Party: World Sikh Organization of Canada
Counsel
Peterson Stark Scott
300 - 10366, 136A Street
Surrey, British Columbia
V3T 5R3
Telephone: (604) 588-9321
FAX: (604) 589-5391
Agent
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca
Party: Ontario Human Rights Commission
Counsel
Rajan Prabhu
Legal Services Branch
180 Dundas Street West, 8th Floor
Toronto, Ontario
M7A 2R9
Telephone: (416) 326-9858
FAX: (416) 326-9867
Agent
2600 - 160 Elgin St
P.O. Box 466, Stn "D"
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 788-3433
Email: henry.brown@gowlings.com
Summary
Keywords
None.
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 Mis en cause are orthodox Jews that live in a condominium. The declaration of co-ownership prohibits decorations, alterations and constructions on the balconies. On October 6, 1997, the Mis en cause asked to construct a temporary hut, a Succah, on their balcony during the religious festival of Succoth, which lasts for approximately 11 days. The Respondent condominium association refused, invoking the declaration of co-ownership, but offered to build a larger Succah close to the building so that people wanting to celebrate the Succoth could do so there. The Mis en cause refused and went ahead with their initial plans.
The Respondent filed an application for permanent injunction prohibiting the Mis en cause from erecting a religious construction and, if necessary, permitting its demolition. The Appellants intervened in that case. The application was granted by the Superior Court on June 5, 1998. The Court of Appeal dismissed the appeal filed by the Mis en cause.
Lower court rulings
Superior Court of Quebec
500-05-0361149-977
Respondent's application for permanent injunction prohibiting the Mis en cause from erecting a religious construction and, if need arises, permitting its demolition, granted.
Court of Appeal of Quebec (Montréal)
500-09-006817-985
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