Case information
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31657
Société de l'assurance automobile du Québec v. Yvan Cyr, et al.
(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) |
|---|---|---|
| 2008-06-18 | Appeal closed | |
| 2008-06-18 | Certificate of taxation issued to, Guy Régimbald | |
| 2008-06-12 | Decision on the bill of costs, in the amount of $4,638.41, Reg | |
| 2008-06-11 | Submission of the bill of costs, Reg | |
| 2008-04-30 | Bill of costs, Completed on: 2008-06-18 | Yvan Cyr |
| 2008-03-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2008-03-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2008-03-28 |
Judgment on the appeal rendered, CJ Ba Bi LeB De F Abe Cha Ro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-015165-046, dated July 12, 2006, heard on October 18, 2007, is dismissed with costs, Deschamps, Abella and Charron JJ. dissenting. Dismissed, with costs |
|
| 2008-03-13 | Correspondence received from, Guy Regimbald dated March 12/08 joint with a document entitled Regulation respecting the Delegation of Powers of the Société de l'assurance automobile du Québec (9 add. copies rec'd March 14/08) (sent to the Court March 18/08) | Yvan Cyr |
| 2007-11-06 | Transcript received, (72 pages) | |
| 2007-10-18 | Judgment reserved OR rendered with reasons to follow | |
| 2007-10-18 | Respondent's condensed book, Submitted in Court (14 copies) | Société de l'assurance automobile du Québec |
| 2007-10-18 | Appellant's condensed book, Submitted in Court (14 copies) included was an extended version in a blue book | Société de l'assurance automobile du Québec |
| 2007-10-18 | Appellant's book of authorities, ADDITIONAL - Submitted in Court (14 copies), Completed on: 2007-10-18 | Société de l'assurance automobile du Québec |
| 2007-10-18 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2007-10-18 |
Hearing of the appeal, 2007-10-18, CJ Ba Bi LeB De F Abe Cha Ro Judgment reserved |
|
| 2007-10-11 | Notice of appearance, Mélanie Binette, Josée Goupil and Julie Baril will be present at the hearing. | Société de l'assurance automobile du Québec |
| 2007-10-02 | Notice of appearance, Guy Régimbald will be present at the hearing. | Yvan Cyr |
| 2007-08-20 | Notice of hearing sent to parties | |
| 2007-08-20 |
Appeal hearing scheduled, 2007-10-18 Judgment reserved |
|
| 2007-07-18 | Order on motion to extend time, (BY LEBEL J.) | |
| 2007-07-18 |
Decision on motion to extend time, LeB, À LA SUITE D'UNE DEMANDE des intimés visant à obtenir une prorogation de délai pour signifier et déposer leur mémoire et leur recueil de sources au 16 juillet 2007 et pour obtenir l'autorisation de plaider oralement lors de l'audition de l'appel; ET APRÈS AVOIR PRIS CONNAISSANCE de la documentation déposée; IL EST PAR LA PRÉSENTE ORDONNÉ CE QUI SUIT: La requête est accordée. Granted |
|
| 2007-07-18 | Submission of motion to extend time, LeB | |
| 2007-07-16 | Respondent's book of authorities, Motion ext. of time filed, Completed on: 2007-07-16 | Yvan Cyr |
| 2007-07-16 | Respondent's factum, Motion ext. of time filed, Completed on: 2007-07-16 | Yvan Cyr |
| 2007-07-16 | Response to motion to extend time, (Letter Form), from Pierre Landry dated July 16/07, Completed on: 2007-07-16 | Société de l'assurance automobile du Québec |
| 2007-07-16 | Motion to extend time, to file the respondents' factum and authorities to July 16/07, Completed on: 2007-07-16 | Yvan Cyr |
| 2007-07-10 | Appeal perfected for hearing | |
| 2007-05-15 | Appellant's book of authorities, (service rec'd May 15/07), Completed on: 2007-05-16 | Société de l'assurance automobile du Québec |
| 2007-05-15 | Appellant's record, (service rec'd May 15/07), Completed on: 2007-05-16 | Société de l'assurance automobile du Québec |
| 2007-05-15 | Appellant's factum, (new CD rec'd June 1/07 - Service rec'd May 15/07), Completed on: 2007-06-05 | Société de l'assurance automobile du Québec |
| 2007-05-08 | Notice of change of counsel | Yvan Cyr |
| 2007-05-04 | Order on miscellaneous motion, (BY THE CHIEF JUSTICE) | |
| 2007-05-04 |
Decision on miscellaneous motion, CJ, UPON APPLICATION by the respondents for an order reconsidering the order granting Leave to Appeal on the issue of costs only and an order directing the appellant to pay the respondents reasonable fees and disbursements of this appeal in any event of the cause; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed. Dismissed |
|
| 2007-04-27 | Submission of miscellaneous motion, CJ | |
| 2007-04-13 | Reply to miscellaneous motion, (book form), Completed on: 2007-04-13 | Yvan Cyr |
| 2007-04-10 | Response to miscellaneous motion, (bookform), Completed on: 2007-04-10 | Société de l'assurance automobile du Québec |
| 2007-03-28 | Notice of miscellaneous motion, for an order that the appelant pay the respondents reasonable fees and disbursements of this appeal (bookform), Completed on: 2007-03-28 | Yvan Cyr |
| 2007-02-20 | Notice of appeal, Completed on: 2007-02-20 | Société de l'assurance automobile du Québec |
| 2007-02-07 | Correspondence received from, Maxime Brunet dated February 7, 2007. Re: Error on company number | Yvan Cyr |
| 2007-02-01 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-01-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-01-26 | Judgment on leave sent to the parties | |
| 2007-01-25 |
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 500-09-015165-046, dated July 12, 2006, 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 |
|
| 2006-11-27 | All materials on application for leave submitted to the Judges, Bi De Abe | |
| 2006-10-25 | Respondent's response on the application for leave to appeal, (Letter Form), Letter rec'd from Claude Melançon dated October 19, 2006. Re: Not filing a response, Completed on: 2006-10-25 | Yvan Cyr |
| 2006-10-04 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2006-09-29 | Application for leave to appeal, Completed on: 2006-09-29 | Société de l'assurance automobile du Québec |
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 |
|---|---|---|
| Société de l'assurance automobile du Québec | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Cyr, Yvan | Respondent | Active |
| 9052-0479 Québec Inc. (Centre de vérification mécanique de Montréal) | Respondent | Active |
Counsel
Party: Société de l'assurance automobile du Québec
Counsel
Mélanie Binette
Josée Goupil
Julie Baril
Contentieux Montréal
800, Place Victoria, 31e étage
Montréal, Quebec
H4Z 1L6
Telephone: (514) 954-7627
FAX: (514) 873-4492
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Party: Cyr, Yvan
Counsel
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Party: 9052-0479 Québec Inc. (Centre de vérification mécanique de Montréal)
Counsel
160 Elgin Street
26th Floor
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0197
FAX: (613) 563-9869
Email: guy.regimbald@gowlingwlg.com
Summary
Keywords
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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.
Administrative law – Appeal – Judicial review – Procedural fairness – Contractual agreement to carry out inspections of road vehicles and issue certificates of mechanical inspection – Approval revoked – Whether principles of procedural fairness apply in contractual dealings (other than employer-employee relationship) between public authority and person appointed to act on behalf of public authority – Whether actions of Crown corporation such as SAAQ are subject to principles of procedural fairness when Crown corporation exercises purely contractual right of resiliation in performance of its functions – Whether mechanic approved by SAAQ is citizen within meaning of Act respecting administrative justice, R.S.Q. c. J-3.
By contract, the Société de l'assurance automobile du Québec (SAAQ) authorized the Respondent 9052-0479 Québec Inc., on its behalf, to carry out the mechanical inspection of road vehicles and issue certificates of mechanical inspection and inspection stickers for those vehicles. The Respondent Yvan Cyr acted as an approved mechanic for the purposes of performing the contract.
In November 2003, the SAAQ sent Cyr a violation notice concerning an inspection he had allegedly done. The notice reproached him for not applying the standards set out in the Mechanical Inspection Guide; the SAAQ notified him that any further violation of the same kind could lead to the revocation of his approval as a mechanic for the SAAQ's mechanical inspection program.
In 2004, three other violation notices were sent to Cyr. On July 21, 2004, the SAAQ notified Cyr that his approval had been revoked.
The Respondents applied to the Superior Court for a review of that decision and a stay. The SAAQ responded by making a motion to dismiss on the ground that the SAAQ is not a court within the meaning of art. 846 C.C.P. and also that the application was based on a contract.
Lower court rulings
Superior Court of Quebec
505-17-001890-047
Requête en irrecevabilité accueillie
Court of Appeal of Quebec (Montréal)
500-09-015165-046
Appel accueilli
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