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.
32213
Michel Marcotte v. City of Longueuil
(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) |
|---|---|---|
| 2010-06-15 | Appeal closed | |
| 2010-06-11 | Certificate of taxation issued to, Nadia Effendi | |
| 2010-06-11 | Certificate of taxation issued to, Richard Gaudreau | |
| 2010-06-08 | Decision on the bill of costs, in the amount of $2,952.15, Reg | |
| 2010-06-08 | Decision on the bill of costs, in the amount of $7,532.72, Reg | |
| 2010-06-07 | Submission of the bill of costs, Reg | |
| 2010-06-07 | Submission of the bill of costs, Reg | |
| 2010-04-19 | Response to the bill of costs, CONSENT to Bill of Costs filed April 1/10, Completed on: 2010-04-19 | City of Longueuil |
| 2010-04-01 | Bill of costs, Completed on: 2010-04-01 | Michel Marcotte |
| 2010-03-31 | Response to the bill of costs, CONSENT to Bill of Costs filed March 2/10, Completed on: 2010-03-31 | Michel Marcotte |
| 2010-03-02 | Bill of costs, Completed on: 2010-03-02 | City of Longueuil |
| 2009-10-09 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2009-10-09 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2009-10-08 |
Judgment on the appeal rendered, CJ Bi LeB De F Abe Cha Ro Cro, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-017102-062, 2007 QCCA 866, dated June 13, 2007, heard on January 19, 2009, is dismissed with costs, McLachlin C.J. and Binnie, Deschamps and Cromwell JJ. dissenting. Dismissed, with costs |
|
| 2009-02-03 | Transcript received, (89 pages) | |
| 2009-01-19 | Judgment reserved OR rendered with reasons to follow | |
| 2009-01-19 | Respondent's condensed book, Joint with 32214 - Submitted to the Court (14 copies) | City of Longueuil |
| 2009-01-19 | Appellant's condensed book, Joint with 32214 - Submitted in Court (14 copies) | Michel Marcotte |
| 2009-01-19 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2009-01-19 |
Hearing of the appeal, 2009-01-19, CJ Bi LeB De F Abe Cha Ro Cro Judgment reserved |
|
| 2008-11-24 | Notice of hearing sent to parties | |
| 2008-10-28 | Notice of appearance, Marie Audren and Emmanuelle Rolland will be present at the hearing. | Michel Marcotte |
| 2008-10-21 |
Order by, Ro, FURTHER TO THE ORDER dated August 22, 2008, granting leave to intervene to the Attorney General of Ontario; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2008-10-20 | Correspondence received from, Nicole Gibeau re: change of address | City of Longueuil |
| 2008-10-17 | Intervener's book of authorities, CD returned - Rec'd on October 30, 2008, Completed on: 2008-10-30 | Attorney General of Ontario |
| 2008-10-17 | Intervener's factum, CD returned - Rec'd on October 30, 2008, Completed on: 2008-10-30 | Attorney General of Ontario |
| 2008-09-23 | Notice of appearance, Nicole Gibeau and Louis Bouchard d'Orval will be present at the hearing. | City of Longueuil |
| 2008-08-22 | Letter sent to Intervener(s) | |
| 2008-08-22 | Order on motion for leave to intervene, (BY ROTHSTEIN J.) | |
| 2008-08-22 |
Decision on the motion for leave to intervene, Ro, UPON MOTION by the Attorney General of Ontario for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene by the Attorney General of Ontario is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener shall not be entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada the intervener shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by its intervention. Granted |
|
| 2008-08-22 | Submission of motion for leave to intervene, Ro | |
| 2008-08-22 | Notice of hearing sent to parties | |
| 2008-08-22 |
Appeal hearing scheduled, 2009-01-19, (Previously Nov. 19/08) Judgment reserved |
|
| 2008-08-13 | Correspondence received from, M. Audren dated Aug. 13/08 re: oral argument time limit (joint with 32214) (by fax) | Michel Marcotte |
| 2008-07-25 | Respondent's book of authorities, (2 vols.), Completed on: 2008-09-02 | City of Longueuil |
| 2008-07-25 | Respondent's factum, Completed on: 2008-07-25 | City of Longueuil |
| 2008-07-17 | Correspondence received from, Nicole Gibeau re: not available for October 15/08 | City of Longueuil |
| 2008-05-27 | Appeal perfected for hearing | |
| 2008-05-16 | Order on motion to extend time | |
| 2008-05-16 |
Decision on motion to extend time, to serve and file the respondent's record, factum and book of authorities to July 28/08, Reg Granted |
|
| 2008-05-16 | Submission of motion to extend time, Reg | |
| 2008-05-13 | Response to motion to extend time, (joint with 32214), Completed on: 2008-05-13 | Michel Marcotte |
| 2008-05-06 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2008-05-06 | City of Longueuil |
| 2008-05-05 | Response to the motion for leave to intervene, (bookform), Completed on: 2008-05-05 | Michel Marcotte |
| 2008-05-02 | Motion to extend time, (joint with 32214 to serve and file the Respondent's documents to July 28/08), Completed on: 2008-05-12 | City of Longueuil |
| 2008-04-29 | Correspondence received from, Richard Gaudreau dated Apr. 29/08 re: will act as Ott. Agent (joint with 32214) | City of Longueuil |
| 2008-04-25 | Motion for leave to intervene, (bookform), Completed on: 2008-04-25 | Attorney General of Ontario |
| 2008-03-28 | Appellant's book of authorities, (Joint with 32214 - 13 copies containing 3 vols. rec'd - service to follow - Rec'd on March 28), Completed on: 2008-03-31 | Michel Marcotte |
| 2008-03-28 | Appellant's record, (14 copies rec'd - service to follow - Rec'd on March 28), Completed on: 2008-03-31 | Michel Marcotte |
| 2008-03-28 | Appellant's factum, (14 copies rec'd - service to follow - Rec'd on March 28), Completed on: 2008-03-31 | Michel Marcotte |
| 2008-01-08 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2007-12-20 | Notice of appeal, Completed on: 2007-12-20 | Michel Marcotte |
| 2007-12-14 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2007-12-14 | Judgment on leave sent to the parties | |
| 2007-12-13 |
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 (Montréal), Number 500-09-017102-062, dated June 13, 2007, 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 |
|
| 2007-10-22 | All materials on application for leave submitted to the Judges, Bi LeB De | |
| 2007-10-15 | Applicant's reply to respondent's argument, Completed on: 2007-10-15 | Michel Marcotte |
| 2007-10-05 | Book of authorities, (Joint with 32214) | City of Longueuil |
| 2007-10-05 | Respondent's response on the application for leave to appeal, Completed on: 2007-10-05 | City of Longueuil |
| 2007-09-10 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2007-09-07 | Book of authorities, Joint with 32214 | Michel Marcotte |
| 2007-09-07 | Application for leave to appeal, Completed on: 2007-09-07 | Michel Marcotte |
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 |
|---|---|---|
| Marcotte, Michel | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| City of Longueuil | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
Counsel
Party: Marcotte, Michel
Counsel
Emmanuelle Rolland
1000, rue de La Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (514) 954-3126
FAX: (514) 954-1905
Email: maudren@blgcanada.com
Agent
World Exchange Plaza
100 Queen Street, suite 1100
Ottawa, Ontario
K1P 1J9
Telephone: (613) 237-5160
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: City of Longueuil
Counsel
Louis Bouchart d'Orval
825, rue Bellerive #102
Longueuil, Quebec
J4J 1A5
Telephone: (450) 679-0720
FAX: (450) 679-0724
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 Ontario
Counsel
Lise Favreau
720 Bay Street
8th Floor
Toronto, Ontario
M5G 2K1
Telephone: (416) 326-4155
FAX: (416) 326-4181
Email: sara.blake@jus.gov.on.ca
Agent
70 Gloucester Street
Ottawa, Ontario
K2P 0A2
Telephone: (613) 566-2058
FAX: (613) 235-4430
Email: rhouston@burkerobertson.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.
Civil procedure - Class actions - Validity of municipal by-laws - Claim for refund of taxes paid - Whether courts below erred in holding that class action inappropriate recourse for seeking nullity of municipal by-law and recovery of tax collected thereunder - Whether, in Québec, “appropriate vehicle” criterion exists in addition to four criteria for authorization set out in art. 1003 of Code of Civil Procedure.
On January 1, 2002, nine municipalities were amalgamated to form the new City of Longueuil. Amendments to the Charter of Ville de Longueuil, R.S.Q., c. C-11.3, gave the City 20 years to adopt a uniform property tax rate for its entire territory. Although the City may levy a different rate for each sector (i.e., each former city now merged into the new one), the annual increase in the “tax burden” on ratepayers in a given sector cannot exceed five percent (s. 87.1 of the Charter).
The Appellant pays property taxes in the City of Longueuil. He submits that certain municipal by-laws levying property taxes are invalid because they are contrary to their enabling legislation, and he wishes to institute a class action against the City in order to have these by-laws declared invalid and to obtain reimbursement of the taxes paid.
The courts below, relying on established Quebec case law, refused to authorize a class action because, in their view, this was not the appropriate recourse in the circumstances and the Appellant should instead institute a direct action in nullity.
Lower court rulings
Superior Court of Quebec
2006 QCCS 6516, 505-06-000003-058
Autorisation d’exercer un recours collectif refusée
Court of Appeal of Quebec (Montréal)
2007 QCCA 866, 500-09-017102-062
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
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