Who is Marc Cousineau?

Marc Cousineau is an Ontario lawyer with 3 court cases on record from 2001 to 2005.

What courts has Marc Cousineau appeared in?

Marc Cousineau has appeared in Court of Appeal, Divisional Court, with most appearances at the Court of Appeal.

How many cases has Marc Cousineau handled?

Marc Cousineau has 3 cases on record from 2001 to 2005.

What judges has Marc Cousineau appeared before?

Marc Cousineau has most frequently appeared before Justice Robert J. Sharpe, Justice Karen M. Weiler, Justice Paul U. Rivard.

Marc Cousineau

3 total

ODCJul 4, 2005

Application for judicial review of francophone college closure dismissed for undue delay and lack of merit.

The applicants sought judicial review of the Minister's decision to close the Collège des Grands Lacs, a francophone college.

The Divisional Court dismissed the application primarily due to the applicants' undue delay of 29 months in perfecting the application, which caused significant prejudice.

In the alternative, the court found that the Minister did not breach the unwritten constitutional principle of protection of minorities, as the college was failing and alternative francophone education was arranged.

The court also held that the Minister had the statutory authority to close the college and the decision was not patently unreasonable.

Gigliotti v. Conseil d'Administration du College des Grands Lacs, 2005 ONSCDC 23326

Applicant Counsel

OCAFeb 7, 2002

Costs of the appeal awarded to respondents; costs of the cross-appeal awarded to the Attorney General.

The respondents were entitled to costs of the appeal on a party and party basis.

The only outstanding issue was whether the Attorney General should be awarded costs of the cross-appeal on the section 15 issue, which the respondents had raised and lost.

The Court of Appeal awarded the respondents costs of the appeal against the Attorney General on a party and party basis, and awarded the Attorney General costs of the cross-appeal against the respondents on a party and party basis.

Gisèle Lalonde et al. v. Commission de restructuration des services de santé, 2002 ONCA 28552

Respondent Counsel

OCADec 7, 2001

Minority-protection principles required reconsideration of reductions to francophone hospital services.

Appeal and cross-appeal arising from directions issued by a hospital restructuring body that would substantially reduce the services of Ontario's only francophone community hospital.

The Court of Appeal held that s. 16(3) of the Charter did not constitutionalize the institution's status and that s. 15 could not be used to supplement language rights not expressly conferred by the Charter.

However, the court held that the French Language Services Act had to be interpreted liberally and generously in light of the constitutional principle of respect for and protection of minorities, and that the impugned directions failed to respect that Act.

The court further held that, in exercising a public-interest discretion, the decision-maker was required to give serious weight and consideration to the institution's linguistic, cultural, and educational significance to the francophone minority.

Appeal and cross-appeal were dismissed, the quashing order was affirmed, and the matter was remitted for reconsideration.