Case information
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38297
Volkswagen Group Canada Inc., et al. v. Association québécoise de lutte contre la pollution atmosphérique, 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) |
|---|---|---|
| 2020-10-15 | Appeal closed | |
| 2020-10-15 | Certificate of taxation issued to, Me Stéphane Pagé | |
| 2020-10-15 | Decision on the bill of costs, in the amount of $7,546.51, DeRg | |
| 2020-10-15 | Submission of the bill of costs, DeRg | |
| 2020-04-20 | Bill of costs, (Letter Form), Completed on: 2020-10-15 | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-11-26 | Transcript received, 112 pages | |
| 2019-11-14 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-11-14 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-11-13 |
Judgment on the appeal rendered, CJ Abe Mo Ka Côt Br Row Mar Kas, The appeal from the judgment of the Court of Appeal of Quebec (Québec), Number 200-09-009717-189, 2018 QCCA 1034, dated June 18, 2018, was heard on November 13, 2019, and the Court on that day delivered the following judgment orally: [TRANSLATION] THE CHIEF JUSTICE — A majority of the Court finds that the Court of Appeal judge did not err in exercising her discretion, and the appeal is therefore dismissed with costs. Justices Moldaver, Brown and Rowe would have allowed the appeal on the basis that the Court of Appeal judge should have granted leave to appeal on the question of law raised by the appellants. They would have remanded the case to the Court of Appeal for a decision on the merits. Justice Côté would have allowed the appeal with costs. Dismissed, with costs |
|
| 2019-11-13 |
Hearing of the appeal, 2019-11-13, CJ Abe Mo Ka Côt Br Row Mar Kas Judgment rendered |
|
| 2019-11-13 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | ENvironnment JEUnesse and Quebec Environmental Law Centre |
| 2019-11-13 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-11-13 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Volkswagen Group Canada Inc. |
| 2019-11-07 | Correspondence received from, (Letter Form), Additional decision for Book of Authorities. | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-11-07 | Correspondence received from, (Letter Form), 1 additional reserved seat requested. | Volkswagen Group Canada Inc. |
| 2019-11-05 | Correspondence received from, (Letter Form), 2 additional reserved seats requested. | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-10-30 | Correspondence received from, (Letter Form), 6 reserved seats requested. | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-10-30 | Notice of appearance, (Letter Form), Stéphane Pagé, Éric Bouchard and Dominique Neuman will appear before the court. Mr. Pagé will present oral arguments. | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-10-30 |
Correspondence received from, (Letter Form), 5 reserved seats requested. |
Volkswagen Group Canada Inc. |
| 2019-10-30 | Notice of appearance, (Letter Form), Guy Pratte and Stéphane Pitre will appear before the court. Mr. Pratte will present oral arguments. | Volkswagen Group Canada Inc. |
| 2019-10-30 |
Correspondence received from, (Letter Form), 3 reserved seats requested. |
ENvironnment JEUnesse and Quebec Environmental Law Centre |
| 2019-10-30 | Intervener's book of authorities, (Book Form), Completed on: 2019-10-30 | ENvironnment JEUnesse and Quebec Environmental Law Centre |
| 2019-10-30 | Intervener's factum, (Book Form), Completed on: 2019-10-30 | ENvironnment JEUnesse and Quebec Environmental Law Centre |
| 2019-10-29 | Notice of appearance, (Letter Form), Bruce W. Johnston and Anne-Julie Asselin will appear before the court. Mr. Johnston will present oral arguments. | ENvironnment JEUnesse and Quebec Environmental Law Centre |
| 2019-10-03 | Appeal perfected for hearing | |
| 2019-09-20 | Certificate of counsel (attesting to record), (Letter Form) | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-09-20 | Respondent's record, (Book Form), Completed on: 2019-09-20 | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-09-20 | Respondent's book of authorities, (Book Form), Completed on: 2019-09-20 | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-09-20 | Respondent's factum, (Book Form), Completed on: 2019-09-20 | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-09-20 | Order on motion for leave to intervene, by ROWE J. | |
| 2019-09-20 |
Decision on the motion for leave to intervene, Row, UPON APPLICATION by ENvironnement JEUnesse and the Quebec Environmental Law Centre (jointly) 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 is granted and the said group of interveners shall be entitled to serve and file a factum not to exceed ten (10) pages in length on or before October 30, 2019. The said group of interveners is granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. The interveners 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 interveners shall pay to the appellants and the respondents any additional disbursements resulting from their intervention. Granted |
|
| 2019-09-20 | Submission of motion for leave to intervene, Row | |
| 2019-09-18 |
Correspondence received from, (Letter Form), counsel for the proposed intervener. Correction to correspondence received on 2019-09-13. Does not object to the late filing and service of the response of the respondents to the motion for leave to intervene. |
ENvironnment JEUnesse and Quebec Environmental Law Centre |
| 2019-09-13 | Correspondence received from, (Letter Form), counsel for the proposed intervener. | ENvironnment JEUnesse and Quebec Environmental Law Centre |
| 2019-09-13 |
Correspondence received from, (Letter Form), counsel for the appellants. Does not object to the late filing and service of the response of the respondents to the motion for leave to intervene. |
Volkswagen Group Canada Inc. |
| 2019-09-09 |
Reply to the motion for leave to intervene, (Letter Form), MISSING: proof of service (received 2019-09-10) , Completed on: 2019-09-16, (Printed version filed on 2019-09-10) |
ENvironnment JEUnesse and Quebec Environmental Law Centre |
| 2019-09-06 |
Response to the motion for leave to intervene, (Letter Form), Courtesy English version received on 2019-09-10, Completed on: 2019-09-06 |
Association québécoise de lutte contre la pollution atmosphérique |
| 2019-09-03 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2019-09-03 | Volkswagen Group Canada Inc. |
| 2019-08-23 |
Notice of name, (Letter Form), Quebec Environmental Law Centre (print version received on 2019-08-26) |
ENvironnment JEUnesse and Quebec Environmental Law Centre |
| 2019-08-23 |
Notice of name, (Letter Form), ENvironnement JEUnesse (print version received on 2019-08-26) |
ENvironnment JEUnesse and Quebec Environmental Law Centre |
| 2019-08-23 |
Motion for leave to intervene, (Book Form), MISSING: 1) print versions (received on 2019-08-26) 2) filing fee (received on 2019-08-26), Completed on: 2019-08-26, (Printed version filed on 2019-08-26) |
ENvironnment JEUnesse and Quebec Environmental Law Centre |
| 2019-08-08 | Notice of hearing sent to parties | |
| 2019-08-02 | Notice of change of counsel, (Letter Form), Sylvie Labbé and Pierre Landry will be agents for the respondents. | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-07-31 |
Appeal hearing scheduled, 2019-11-13 Judgment rendered |
|
| 2019-07-26 | Appellant's record, (Book Form), (4 volumes), Completed on: 2019-07-26 | Volkswagen Group Canada Inc. |
| 2019-07-26 | Appellant's book of authorities, (Book Form), AMENDED VERSION filed on 2019-11-07 (and served on 2019-11-06), Completed on: 2019-07-26 | Volkswagen Group Canada Inc. |
| 2019-07-26 | Certificate of counsel (attesting to record), (Letter Form) | Volkswagen Group Canada Inc. |
| 2019-07-26 | Appellant's factum, (Book Form), Courtersy English copy received 10/08/19., Completed on: 2019-07-26 | Volkswagen Group Canada Inc. |
| 2019-07-24 | Correspondence received from, (Letter Form), Updated contact information for counsel for the respondents. | Association québécoise de lutte contre la pollution atmosphérique |
| 2019-06-03 | Notice of appeal, (Letter Form), Completed on: 2019-06-03 | Volkswagen Group Canada Inc. |
| 2019-05-24 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2019-05-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2019-05-03 | Judgment on leave sent to the parties | |
| 2019-05-02 |
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 (Québec), Number 200-09-009717-189, 2018 QCCA 1034, dated June 18, 2018, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2019-03-11 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2018-11-13 | Correspondence received from, (Letter Form), The applicants are providing a courtesy copy of the english translation of the reply. | Volkswagen Group Canada Inc. |
| 2018-10-29 | Applicant's reply to respondent's argument, (Book Form), English translation of reply rec'd 2018/11/13, Completed on: 2018-10-29 | Volkswagen Group Canada Inc. |
| 2018-10-19 | Certificate (on limitations to public access), (Letter Form) | Association québécoise de lutte contre la pollution atmosphérique |
| 2018-10-19 | Notice of name, (Letter Form), Amended notice required-rec'd 2018/10/19 | Association québécoise de lutte contre la pollution atmosphérique |
| 2018-10-19 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2018-10-19 | Association québécoise de lutte contre la pollution atmosphérique |
| 2018-09-19 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2018/09/19 | |
| 2018-09-17 | Notice of name, (Letter Form) | Volkswagen Group Canada Inc. |
| 2018-09-17 | Certificate (on limitations to public access), (Letter Form) | Volkswagen Group Canada Inc. |
| 2018-09-17 |
Application for leave to appeal, (Book Form), Signed judgment of the Court of Appeal and Superior Court missing-both rec'd 2018/09/25 6 English copies of the memorandum of argument filed 2018/10/22, Completed on: 2018-09-25 |
Volkswagen Group Canada Inc. |
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 |
|---|---|---|
| Volkswagen Group Canada Inc. | Appellant | Active |
| Volkswagen Group of America Inc., Volkswagen AG, Audi Canada Inc., Audi of America Inc., Audi AG | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Association québécoise de lutte contre la pollution atmosphérique | Respondent | Active |
| Bélisle, André | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| ENvironnment JEUnesse and Quebec Environmental Law Centre | Intervener | Active |
Counsel
Party: Volkswagen Group Canada Inc.
Counsel
Stéphane Pitre
Anne Merminod
Alexandra Hebert
1000 rue de La Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (416) 350-2638
FAX: (514) 954-1905
Email: gpratte@blg.com
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: Volkswagen Group of America Inc., Volkswagen AG, Audi Canada Inc., Audi of America Inc., Audi AG
Counsel
Stéphane Pitre
Anne Merminod
Mark Phillips
1000 rue de La Gauchetière Ouest
Bureau 900
Montréal, Quebec
H3B 5H4
Telephone: (416) 350-2638
FAX: (514) 954-1905
Email: gpratte@blg.com
Agent
1300-100 Queen Street
Ottawa, Ontario
K1P 1J9
Telephone: (613) 369-4795
FAX: (613) 230-8842
Email: kperron@blg.com
Party: Association québécoise de lutte contre la pollution atmosphérique
Counsel
Paul Vézina
Éric Bouchard
Dominique Neuman
825, boulevard Lebourgneuf
Bureau 200
Québec, Quebec
G2J 0B9
Telephone: (418) 622-6699
FAX: (418) 628-1912
Email: stephanepage@bouchardavocats.com
Agent
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com
Party: Bélisle, André
Counsel
Paul Vézina
825, boulevard Lebourgneuf
Bureau 200
Québec, Quebec
G2J 0B9
Telephone: (418) 622-6699
FAX: (418) 628-1912
Email: stephanepage@bouchardavocats.com
Agent
111 rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: s.labbe@noelassocies.com
Party: ENvironnment JEUnesse and Quebec Environmental Law Centre
Counsel
André Lespérance
Anne-Julie Asselin
Clara Poissant-Lespérance
Bureau 90
750, Côte de la Place d'Armes
Montréal, Quebec
H2Y 2X8
Telephone: (514) 871-8385 Ext: 202
FAX: (514) 871-8800
Email: bruce@tjl.quebec
Agent
130 rue Albert
bureau 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5573
FAX: (613) 702-5573
Email: mvincelette@juristespower.ca
Summary
Keywords
Civil procedure - Class action - Criteria for authorizing class action - Application for authorization to institute class action in civil liability - Whether class action based on Charter of human rights and freedoms, on behalf of all Quebecers, can be authorized where, as in this case, neither representative plaintiff nor any member of proposed class has sufficient interest to assert rights on which action based - Sections 46.1 and 49 of Charter of human rights and freedoms, CQLR, c. C-12 - Article 575 of Code of Civil Procedure, CQLR, c. C-25.01.
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 2015, a scandal involving the appellants, automobile manufacturers Volkswagen Group Canada Inc. et al. and Audi Canada Inc. et al., erupted when it was revealed that certain diesel models of their cars had been equipped with software allowing them to falsify the results of emissions tests. This scheme concerned models manufactured between 2009 and 2015. In addition to the class actions brought on behalf of owners and lessees of cars equipped with the software in the province of Quebec, the respondents, Association québécoise de lutte contre la pollution atmosphérique and André Bélisle, filed an application for authorization to institute a class action in which they sought compensation for all residents of the province of Quebec for environmental consequences of the use of the software. The Superior Court granted the application for authorization to institute a class action in part, authorizing one for a claim for punitive damages. The Court of Appeal dismissed a motion by the appellants for leave to appeal that decision.
Lower court rulings
Superior Court of Quebec
200-06-000193-154, 2018 QCCS 174
Application for authorization to institute class action granted in part.
Court of Appeal of Quebec (Québec)
200-09-009717-189, 2018 QCCA 1034
Motion for leave to appeal dismissed.
Memorandums of argument on application for leave to appeal
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 filing 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
Factums on appeal
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