Case information
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30381
City of Lévis v. 2629-4470 Québec Inc.
(Quebec) (Criminal) (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) |
|---|---|---|
| 2006-06-01 | Record returned to the Registrar of the Court of Appeal | |
| 2006-04-19 | Appeal closed | |
| 2006-04-18 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2006-04-18 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2006-04-13 |
Judgment on the appeal rendered, Reasons joint with 30380, CJ Ba Bi LeB F Abe Cha, The appeals from the judgments of the Court of Appeal of Quebec (Quebec), Numbers 200-10-001598-049 and 200-10-001597-041, dated April 14, 2004, heard on October 21, 2005 are allowed. The respondents' acquittals are set aside. Convictions are entered and each of the respondents is sentenced to pay the minimum fine of $300 prescribed by law. Allowed |
|
| 2006-01-16 | Correspondence received from, Martin Bouffard dated Jan. 9/06 re: acquittance of all costs given by the respondent (joint with 30380)(sent to the Court Jan. 23/06) | City of Lévis |
| 2005-11-08 | Transcript received, (80 pages) | |
| 2005-10-21 | Judgment reserved OR rendered with reasons to follow | |
| 2005-10-21 | Acknowledgement and consent for video taping of proceedings, from all parties | |
| 2005-10-21 |
Hearing of the appeal, 2005-10-21, CJ Ba Bi LeB F Abe Cha Judgment reserved |
|
| 2005-10-21 | Supplemental document, Judgment of the Court of Appeal and section of the legislation for road safety - 14 copies, distributed in Court. | City of Lévis |
| 2005-10-07 | Notice of appearance, Michel Denis and Bernard Mandeville will be present at the hearing. | Attorney General of Canada |
| 2005-10-05 | Notice of appearance, Martin Bouffard will be present at the hearing. | City of Lévis |
| 2005-08-22 | Notice of appearance, Christian Desrosiers and Hélène Maillette will be present at the hearing. | 2629-4470 Québec Inc. |
| 2005-08-15 | Notice of hearing sent to parties | |
| 2005-08-11 |
Appeal hearing scheduled, 2005-10-21, Previously Oct. 14/05 Judgment reserved |
|
| 2005-06-21 | Book of authorities, (joint with 30380 - service rec'd July 7/05), Completed on: 2005-07-11 | Attorney General of Canada |
| 2005-06-21 | Intervener's factum, (Joint with 30380 - service rec'd July 7/05) CD rec'd Aug. 26/05, Completed on: 2005-07-11 | Attorney General of Canada |
| 2005-06-21 |
Order by, Cha, À LA SUITE DE L'ORDONNANCE rendue par la juge Charron le 27 avril 2005, accordant l'autorisation d'intervenir au Procureur général du Canada; IL EST PAR LA PRÉSENTE ORDONNÉ que l'intervenant pourra présenter une plaidoirie orale d'au plus quinze (15) minutes lors de l'audition de l'appel. Granted |
|
| 2005-06-17 | Respondent's book of authorities, Completed on: 2005-06-17 | 2629-4470 Québec Inc. |
| 2005-06-17 | Respondent's record, Completed on: 2005-06-17 | 2629-4470 Québec Inc. |
| 2005-06-17 | Respondent's factum, CD rec'd Aug. 24/05, Completed on: 2005-06-17 | 2629-4470 Québec Inc. |
| 2005-05-09 | Appeal perfected for hearing | |
| 2005-05-02 | Order on motion to extend time | |
| 2005-05-02 |
Decision on motion to extend time, to serve and file the respondent's factum, record and book of authorities to June 17/05, Reg Granted |
|
| 2005-04-29 | Correspondence received from, Richard Gaudreau dated Apr. 26/05 re: Bergeron Gaudreau Laporte will act as agent for the respondent. | 2629-4470 Québec Inc. |
| 2005-04-29 | Submission of motion to extend time, Reg | |
| 2005-04-27 | Response to motion to extend time, Completed on: 2005-04-27 | City of Lévis |
| 2005-04-27 | Motion to extend time, to file the respondent's record, factum and authorities to June 17/05, Completed on: 2005-04-27 | 2629-4470 Québec Inc. |
| 2005-04-27 | Order on motion for leave to intervene, (BY CHARRON J.) | |
| 2005-04-27 |
Decision on the motion for leave to intervene, Cha, La demande d'autorisation d'intervenir présentée par le Procureur général du Canada est accordée; le requérant aura le droit de signifier et déposer un mémoire conjoint de 20 pages. La demande visant à présenter une plaidoirie sera examinée après la réception et l'examen de l'argumentation écrite des parties et de l'intervenant. L'intervenant n'aura pas le droit de produire d'autres éléments de preuve ni d'ajouter quoi que ce soit aux dossiers des parties. Conformément au par. 59(1)(a) des Règles de la Cour suprême du Canada, l'intervenant paiera à appelante et aux intimés tous débours supplémentaires résultant de leur intervention. Granted |
|
| 2005-04-27 | Submission of motion for leave to intervene, Cha | |
| 2005-04-14 | Response to the motion for leave to intervene, Completed on: 2005-04-14 | 2629-4470 Québec Inc. |
| 2005-04-14 | Response to the motion for leave to intervene, (Letter Form), from Sylvie E. Roussel dated Apr. 14/05 (joint with 30380), Completed on: 2005-04-14 | City of Lévis |
| 2005-04-08 | Motion for leave to intervene, (joint with 30380), Completed on: 2005-04-08 | Attorney General of Canada |
| 2005-03-14 | Appellant's record, Completed on: 2005-03-14 | City of Lévis |
| 2005-03-14 | Appellant's book of authorities, Completed on: 2005-03-14 | City of Lévis |
| 2005-03-14 | Appellant's factum, CD rec'd Aug. 24/05, Completed on: 2005-03-14 | City of Lévis |
| 2005-01-27 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2004-12-21 | Appeal court record, (1 large padded envelope - joint with Trial Court record) (joint with 30380) | |
| 2004-12-17 | Notice of appeal, Completed on: 2004-12-17 | City of Lévis |
| 2004-11-19 | Judgment on leave sent to the parties | |
| 2004-11-18 |
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 (Quebec), Number 200-10-001597-041, dated April 14, 2004, is granted. Granted |
|
| 2004-10-25 | All materials on application for leave submitted to the Judges, Ba LeB De | |
| 2004-07-14 | Applicant's reply to respondent's argument, (Letter Form), from M. Bouffard dated July 8, 2004 re: reply in letter form and also, indicating an error at page 50 of the leave application, Completed on: 2004-07-14 | City of Lévis |
| 2004-07-06 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2004-07-05 | Respondent's response on the application for leave to appeal, (Letter Form), from H. Maillette dated July 5, 2004, Completed on: 2004-07-05 | 2629-4470 Québec Inc. |
| 2004-06-11 | Application for leave to appeal, Completed on: 2004-07-06 | City of Lévis |
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 Lévis | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| 2629-4470 Québec Inc. | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Intervener | Active |
Counsel
Party: City of Lévis
Counsel
Bureau 300
1175, boul. de la Rive-Sud
Saint-Romuald, Quebec
G6W 5M6
Telephone: (418) 833-4443
FAX: (418) 833-6130
Email: mbouffard@pothierdelisle.com
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: s.roussel@noelassocies.com
Party: 2629-4470 Québec Inc.
Counsel
Christian Desrosiers
1373, rue Breux
Chambly, Quebec
J3L 2Y2
Telephone: (450) 447-8816
FAX: (450) 447-5071
Email: helene.maillette@videotron.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: Attorney General of Canada
Counsel
284 Wellington Street, Suite 2311
Ottawa, Ontario
K1A 0H8
Telephone: (613) 957-4763
FAX: (613) 941-7865
Email: robert.frater@justice.gc.ca
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.
On April 25, 2002, a statement of offence was issued to the Respondent for having, as the owner of a registered road vehicle, put the vehicle back in operation without paying the Société de l'assurance automobile du Québec (S.A.A.Q.) the amounts required to retain the right to drive it, contrary to s. 31.1 of the Highway Safety Code.
The Respondent was represented at trial by its sole shareholder, Richard Maillette. He explained that the registration fees for the vehicle, which the Respondent bought on January 17, 2001, had been paid by a prior owner up to March 31, 2001. The S.A.A.Q. had to reimburse the fees relating to the period from January to March 2001 to the prior owner and transfer them to the Respondent's account. As suggested by the S.A.A.Q., the Respondent agreed to pay the remainder of these fees right away together with the fees for the following year and to wait for the renewal notice for the subsequent period. On January 18, 2002, the S.A.A.Q. sent the Respondent a renewal notice at the civic address of the Respondent's registered office, but failed to indicate the apartment number, which it had. The envelope was accordingly returned to the S.A.A.Q. on February 14, 2002. The Respondent found out that it was in default at the time the statement of offence was issued in April 2002. The Municipal Court held that the offence with which the Respondent was charged was one of strict liability, accepted the Respondent's defence of due diligence and acquitted it.
The Superior Court dismissed the city's appeal and held that both the defences of due diligence and of officially induced error were available in this case. At the Court of Appeal, Dussault J.A. dismissed the motion for leave to appeal.
Lower court rulings
Superior Court of Quebec
200-36-001100-031
Appel rejeté
Court of Appeal of Quebec (Québec)
200-10-001597-041
Requête pour permission d'appeler rejetée
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