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30243

Harry Dikranian v. Attorney General of Quebec

(Quebec) (Civil) (By Leave)

Docket

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

List of proceedings
Date Proceeding Filed By
(if applicable)
2006-01-17 Record returned to the Registrar of the Court of Appeal
2005-12-13 Appeal closed
2005-12-05 Formal judgment sent to the registrar of the court of appeal and all parties
2005-12-05 Judgment on appeal and notice of deposit of judgment sent to all parties
2005-12-02 Judgment on the appeal rendered, CJ Ba Bi LeB De Abe Cha, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-011829-025, dated January 27, 2004, heard on March 10, 2005, is allowed with costs throughout. The judgments of the Court of Appeal and the Superior Court are set aside. The case is remanded to the Superior Court to determine the method for making claims, the amounts owed and the payment procedures. Deschamps J. is dissenting.

Allowed, with costs
2005-03-29 Transcript received, (53 pages)
2005-03-22 Correspondence received from, M. Normandin dated March 22, 2005 (fax copy)(original received on March 29, 2005) re: in response to Mr. Greenberg's letter (sent to the judges on March 24, 2005) Attorney General of Quebec
2005-03-17 Correspondence received from, L. Greenberg dated March 16, 2005 enclosing 2 judgments (sent to the judges on March 24, 2005) Harry Dikranian
2005-03-11 Supplemental document, Book of Authorities (14 copies)(sent to the judges on March 14, 2005) Attorney General of Quebec
2005-03-10 Judgment reserved OR rendered with reasons to follow
2005-03-10 Appellant's condensed book, Submitted in Court (14 copies) Harry Dikranian
2005-03-10 Acknowledgement and consent for video taping of proceedings, From all parties
2005-03-10 Hearing of the appeal, 2005-03-10, CJ Ba Bi LeB De Abe Cha
Judgment reserved
2005-02-28 Notice of appearance, Mario Normandin will be present at the hearing. Attorney General of Quebec
2005-02-24 Notice of appearance, Leon Greenberg and Guy St-Germain will be present at the hearing. Harry Dikranian
2004-11-25 Notice of hearing sent to parties
2004-11-25 Appeal hearing scheduled, 2005-03-10
Judgment reserved
2004-11-23 Respondent's book of authorities, Completed on: 2004-11-23 Attorney General of Quebec
2004-11-23 Respondent's factum, Completed on: 2004-11-23 Attorney General of Quebec
2004-11-23 Appeal perfected for hearing
2004-10-08 E-filing e-mail confirmation
2004-09-28 Appellant's book of authorities, Filed on DVD, Completed on: 2004-09-28 Harry Dikranian
2004-09-28 Appellant's record, Filed on DVD., Completed on: 2004-09-28 Harry Dikranian
2004-09-28 Appellant's factum, English version filed on DVD. Courtesy French translation e-filed Sept. 29/04 (Document # 401091), Completed on: 2004-09-28 Harry Dikranian
2004-07-08 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2004-07-06 Notice of appeal, Completed on: 2004-07-06 Harry Dikranian
2004-06-29 Appeal court record, (1 box - joint with Trial Court record)
2004-06-25 Judgment on leave sent to the parties
2004-06-24 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 500-09-011829-025, dated January 27, 2004, is granted with costs to the applicant in any event of the cause.

Granted, with costs to the applicant(s) in any event of the cause
2004-05-10 All materials on application for leave submitted to the Judges, Ba LeB De
2004-05-03 Applicant's reply to respondent's argument, Completed on: 2004-04-30 Harry Dikranian
2004-04-23 Letter acknowledging receipt of a complete application for leave to appeal
2004-04-21 Respondent's response on the application for leave to appeal, Completed on: 2004-04-23 Attorney General of Quebec
2004-03-26 Application for leave to appeal, Completed on: 2004-03-26 Harry Dikranian

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

Main parties - Appellants
Name Role Status
Dikranian, Harry Appellant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Quebec Respondent Active

Counsel

Party: Dikranian, Harry

Counsel
Names
Leon J. Greenberg
Guy St-Germain
Contact information
Sternthal, Katznelson, Montigny
Place du Canada, bureau 1020
1010, rue de la Gauchetière Ouest
Montréal, Quebec
H3B 2N2
Telephone: (514) 878-1011
FAX: (514) 878-9195
Email: ljg@skm.ca
Agent
Name
Marie-France Major
Contact information
Lang Michener
300 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171
FAX: (613) 231-3191
Email: mmajor@langmichener.ca

Party: Attorney General of Quebec

Counsel
Name
Mario Normandin
Contact information
Bernard, Roy & Associés
Bureau 8.00
1, rue Notre-Dame Est
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Agent
Name
Sylvie Roussel
Contact information
Noël et Associés, s.e.n.c.r.l.
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.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.

Until 1996, students in Quebec who completed their studies were exempted pursuant to the Act respecting student financial assistance for students from paying interest on their student loans for a specified period of time. In 1996, the National Assembly amended the Act, reducing the exemption period by one month. In 1997, the Act was again amended to require students to start paying interest immediately upon completing their studies.

The Appellant completed his studies on January 31, 1998. The loan certificate with his financial institution had been signed on November 15, 1996. On August 13, 1998, the Appellant reimbursed the principal of the loan and paid, under protest, $308.53 in interest for the period from June 1 to August 6, 1998.

The Appellant was authorized to institute, on his own behalf and on behalf of other students, a class action against the Respondent for reimbursement of the interest paid on their student loans. He alleged that, pursuant to the loan certificate issued prior to the statutory amendments, the Ministère de l'Éducation du Québec (Quebec Department of Education) was supposed to pay the interest.

On December 13, 2001, the Superior Court dismissed the Appellant's action. On January 27, 2004, the majority of the Court of Appeal dismissed the Appeal, with Rothman J.A. dissenting.

Lower court rulings

June 10, 1999
Superior Court of Quebec

500-06-000074-985

Appelant autorisé à intenter un recours collectif

December 13, 2001
Superior Court of Quebec

500-06-000074-985

Action en recours collectif pour le remboursement d'intérêts payés sur des prêts étudiants, rejetée

January 27, 2004
Court of Appeal of Quebec (Montréal)

500-09-011829-025

Appel rejeté

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

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

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

Webcasts

Not available.

Date modified: 2025-05-13