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.
29413
City of Montreal v. 2952-1366 Québec Inc.
(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) |
|---|---|---|
| 2005-12-21 | Record returned to the Registrar of the Court of Appeal | |
| 2005-11-07 | Appeal closed | |
| 2005-11-04 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2005-11-04 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2005-11-03 |
Judgment on the appeal rendered, CJ Ba Bi LeB De Abe Cha, The appeal from the judgment of the Court of Appeal of Quebec (Montreal), Number 500-10-001860-004, dated August 12, 2002, heard on October 14, 2004 is allowed with costs in all appellate courts, Binnie J. dissenting. Allowed, with costs |
|
| 2004-10-26 | Transcript received, (63 pages) | |
| 2004-10-14 | Judgment reserved OR rendered with reasons to follow | |
| 2004-10-14 | Supplemental document, English versions of Regulation respecting promotion, By-Law in establishments dealing in eroticism and By-Law concerning noise submitted in Court (9 copies) | City of Montreal |
| 2004-10-14 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2004-10-14 |
Hearing of the appeal, 2004-10-14, CJ Ba Bi LeB De Abe Cha Judgment reserved |
|
| 2004-10-01 | Book of authorities, (Vol. I to IV), Completed on: 2004-10-01 | Daniel Paquin |
| 2004-10-01 | Other factum, (40 pages) | Daniel Paquin |
| 2004-09-21 | Correspondence received from, D. Paquin by fax re: extension of time to Oct. 1/04 with cc to all parties - original rec'd Sept. 24/04. | Daniel Paquin |
| 2004-09-15 | Notice of appearance, Serge Barrière will be present at hearing. | City of Montreal |
| 2004-08-24 | Correspondence (sent by the Court) to, Me Chantal Buies (Dept. of Justice, Quebec) with letter to Daniel Paquin confirming his mandate as amicus curiae | |
| 2004-08-24 | Correspondence (sent by the Court) to, Me Daniel Paquin to confirm is mandate as Amicus curiae (factum due to Sept. 24, 2004) | |
| 2004-08-20 | Order on motion to withdraw as solicitor | |
| 2004-08-20 |
Decision on motion to withdraw as solicitor, for the respondent (Daniel Paquin), Reg Granted |
|
| 2004-08-20 | Submission of motion to withdraw as solicitor, Reg | |
| 2004-08-20 | General proceeding, Notice of change of firm's name to Beauchemin, Paquin,Jobin, Brisson & Philpot | 2952-1366 Québec Inc. |
| 2004-08-20 | Motion to withdraw as solicitor, Completed on: 2004-08-20 | 2952-1366 Québec Inc. |
| 2004-08-16 | Response to motion to withdraw as solicitor, (Letter Form), from Serge Barrière dated 08/16/04, Completed on: 2004-08-16 | City of Montreal |
| 2004-08-03 | Notice of hearing sent to parties | |
| 2004-07-15 |
Appeal hearing scheduled, 2004-10-14, (previously March 16/04, May 21/04) Judgment reserved |
|
| 2004-05-14 | Correspondence (sent by the Court) to, Louis Dionne de Justice Dept. (Québec) from A. Roland re: amicus curiae | |
| 2004-04-30 |
Order by, CJ, L'appel prévu pour le 21 mai 2004 est ajourné à la session de l'automne 2004. Granted |
|
| 2004-04-30 | Correspondence received from, Daniel Paquin dated 04/29/04 re: will not be present at the hearing on May 21, 2004 | 2952-1366 Québec Inc. |
| 2004-04-28 | Correspondence (sent by the Court) to, Mr. Paquin in response to letter of Apr. 21 and 23/04) | |
| 2004-04-26 | Notice of appearance, from Bergeron, Gaudreau re: Serge Barrière | City of Montreal |
| 2004-04-23 | Correspondence received from, from Daniel Paquin rec'd by fax re: request to be name amicus curiae (original rec'd Apr. 28/04) | 2952-1366 Québec Inc. |
| 2004-04-21 | Correspondence received from, from Daniel Paquin by fax re: does not have de mandat to continue working on this file (original rec'd April 23/04). | 2952-1366 Québec Inc. |
| 2004-04-01 | Notice of hearing sent to parties | |
| 2004-03-17 | Book of authorities, (proof of service on the responsent missing), Incomplete | Attorney General of Ontario |
| 2004-03-17 | Intervener's factum - AG on constitutional question, (proof of service on the respondent missing), Incomplete | Attorney General of Ontario |
| 2004-02-12 | Appeal perfected for hearing | |
| 2003-12-18 | Appellant's book of authorities, Completed on: 2003-12-18 | City of Montreal |
| 2003-12-18 | Appellant's record, Completed on: 2003-12-18 | City of Montreal |
| 2003-12-18 | Appellant's factum, Completed on: 2003-12-18 | City of Montreal |
| 2003-10-29 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2003-10-17 | Correspondence received, from J. Boudreau dated Oct. 17, 2003 (fax copy) re: A.G. Canada will not intervene in this case | |
| 2003-10-01 | Notice of constitutional question(s) | City of Montreal |
| 2003-09-30 | Order on motion to state a constitutional question, (BY CHIEF JUSTICE) | |
| 2003-09-30 |
Decision on the motion to state a constitutional question, CJ, 1. Whether s. 9(1) and s. 11 of the By-law concerning noise, R.B.C.M. c. B-3, of the City of Montreal infringe s. 2(b) of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Granted |
|
| 2003-09-16 | Submission of motion to state a constitutional question, CJ | |
| 2003-09-04 | Response to the motion to state a constitutional question, (Letter Form), from D. Paquin dated September 4, 2003 (fax copy)(original received on Sept. 8, 2003), Completed on: 2003-09-04 | 2952-1366 Québec Inc. |
| 2003-08-07 | Motion to state a constitutional question, (3 copies), Completed on: 2003-08-07 | City of Montreal |
| 2003-08-07 | Notice of appeal, Completed on: 2003-08-07 | City of Montreal |
| 2003-06-23 | Appeal court record, (1 box - joint with Trial Court record) | |
| 2003-06-23 | Correspondence received from, S. Barrière to R. Gaudreau dated June 23, 2003 (fax copy) re: Me Gaudreau will act as Ottawa agent | City of Montreal |
| 2003-06-16 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2003-06-13 | Judgment on leave sent to the parties | |
| 2003-06-12 |
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 (Montreal), Number 500-10-001860-004, dated August 12, 2002, is granted with costs to the applicant in any event of the cause. Granted, with costs |
|
| 2003-05-05 | All materials on application for leave submitted to the Judges, Ia Bi LeB | |
| 2003-03-21 | Respondent's response on the application for leave to appeal, (Letter Form), from D. Paquin dated March 21, 2003 (fax copy) re: will not be filing a response (original received on March 26, 2003), Completed on: 2003-03-21 | 2952-1366 Québec Inc. |
| 2002-12-17 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2002-10-09 | Application for leave to appeal, Completed on: 2002-12-16 | City of Montreal |
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 |
|---|---|---|
| City of Montreal | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 2952-1366 Québec Inc. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Paquin, Daniel | Amicus curiae | Active |
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: City of Montreal
Counsel
775, rue Gosford
4e étage
Montréal, Quebec
H2Y 3B9
Telephone: (514) 872-3837
FAX: (514) 872-2828
Email: sbarriere@ville.montreal.qc.ca
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: 2952-1366 Québec Inc.
This party is not represented by counsel.
Party: Attorney General of Ontario
Counsel
Constitutional Law Branch
720 Bay Street, 4th floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4473
FAX: (416) 326-4015
Email: shaun.nakatsuru@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: Paquin, Daniel
Counsel
1259 rue Berri, 10ème Étage
Montréal, Quebec
H2L 4C7
Telephone: (514) 844-4655
FAX: (514) 844-4937
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.
In downtown Montreal, in an area zoned for non-residential uses, the Respondent 2952-1366 Québec Inc. operated a bar with nude female dancers. To entice potential clients away from patronizing a nearby competitor, the Respondent used outside loudspeakers to broadcast the soundtracks accompanying the shows going on within its bar.
The Respondent was charged with producing, by sound equipment, noise which could be heard from the outside of its business in violation of articles 9(1) and 11 of the By-law. It challenged the validity of the charge alleging that the By-law infringed its right to freedom of expression and that this violation could not be saved under section 1 of the Charter. The Municipal Court dismissed the arguments put forward by the Respondent.
The Superior Court allowed the Respondent's appeal and quashed the conviction. The Court of Appeal confirmed the judgment of the Superior Court on the ground that the provisions of the By-law were invalid and ultra vires the powers of the Appellant. In addition, the Court of Appeal was of the view that these provisions violate the Respondent's freedom of expression and could not be saved under section 1 of the Canadian Charter.
Lower court rulings
Superior Court of Quebec
500-36-001972-994
Appel accueilli : jugement cassé et intimée acquittée
Court of Appeal of Quebec (Montréal)
500-10-001860-004
Appel rejeté : jugement confirmé et art. 9(1) et 11 du Règlement sur le bruit de la Ville de Montréal, déclarés ultra vires
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