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- Parties: The applicant was Patrick Marleau. The respondent was the Ministère de la justice.
- Subject Matter: The applicant brought an action against the respondent under ss. 41, 77, and 81(2) of the Official Languages ??Act, 1985 at the Federal Court. He argued that the respondent breached s. 41 by failing to take positive measures to ensure the adoption of a French version of the constitutional text in the Schedule to the Constitution Act, 1982. The respondent moved for an order under s. 50(1) (b) of the Federal Courts Act, 1985. The respondent wanted to stay this proceeding until a final resolution of another matter pending before the Quebec Superior Court in case number 500-17-109358-195, considering the similarity of the remedy requested in both cases. The applicant opposed the respondent’s motion. He argued that dismissal of the motion and a continuance of the proceedings would serve the interest of justice because the basis of his claim and the issues that he raised were distinct from those involved in the case pending with the Quebec court. On Jan. 30, 2025, in Marleau v. Canada (Justice), 2025 CF 184, the Federal Court dismissed the respondent’s motion. The court held that the defendant failed to show that staying the proceedings would serve the interests of justice in the circumstances. This case is ongoing.
- Date: The hearing was set on Feb. 18, 2025.
- Venue: This was a federal case before the Federal Court.
- Amount: No financial award was specified.
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Applicant
Respondent
Court
Federal CourtCase Number
T-1362-20Practice Area
Constitutional lawAmount
Not specified/UnspecifiedWinner
Trial Start Date
13 November 2020