2019 QCCA 325, 2019 QCCA 325

Eshoo c. Khadir 2019 QCCA 325 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028101-194 (500-17-100069-171) MINUTES OF THE HEARING DATE: February 25, 2019 THE HONOURABLE CLAUDINE ROY, J.A.

PETITIONER MICHAEL ESHOO PRESENT RESPONDENTS COUNSEL ABOUDJAFAR KHADIR SHAVON ISAACS LISA ISAACS KENNIE ISAACS Mtre Alain tremblay ( Ouellet Nadon et Associées ) Mtre JOELLE GAUTHIER ( Aide juridique de Montréal ) Mtre MANUEL JOHNSON II ( Services juridiques communautaires de PSC et PB ) DESCRIPTION: Application for Leave to Appeal from a Judgment Rendered in the Course of the Proceeding on January 18 th , 2019 by the Honourable Michel Yergeau of the Superior Court, District of Montreal

Clerks: Annick Nguyen and François-Pierre Lapointe Courtroom: RC-18 HEARING 9:55 Commencement of the hearing. Identification of parties. 9:57 Submissions by M. Eshoo. 10:03 Submissions by Mtre Tremblay. 10:18 Submissions by Mtre Gauthier. 10:30 Submissions by Mtre Johnson. 10:33 Rebuttal of M. Eshoo. 10:34 BY THE JUDGE: Judgment will be rendered during the day, the parties are advised that their presence is not required. The respondents are asking for costs. 10:35 Suspension. 12:08 Resumption of the hearing. BY THE JUDGE: Judgment – see page 3.

Annick Nguyen and François-Pierre Lapointe Clerks BY THE JUDGE JUDGMENT [ 1 ] The Petitioner seeks leave to appeal from a judgment rendered in the course of a proceeding by the Superior Court (the Honorable Michel Yergeau) on January 18, 2019. The trial judge dismissed Petitioner's request for an interlocutory provisional injunction and granted Respondent's motion for an interlocutory provisional injunction. *** [ 2 ] The Respondent is the registered owner of an immovable.

The Petitioner commenced proceedings in the Superior Court claiming that he is part-owner of the property. [ 3 ] The Petitioner also introduced three claims in the Régie du logement against tenants (Shavon and Lisa Isaacs, intervenors in the present file, and a Mr. Hall) for rent due and neighbourhood disturbance. All these files were suspended by the Régie du logement pending resolution of the question of ownership of the property ( Eshoo c. Isaacs , 2018 QCRDL 18259 ; Eshoo c. Isaac , 2018 QCRDL 18260 ; Eshoo c. Isaac , 2018 QCRDL 18278 ). Two of them were not appealed by the Petitioner.

The third one was appealed to the Court of Québec and leave to appeal was refused ( Eshoo c.

Isaacs , 2018 QCCQ 7314 ). [ 4 ] The Petitioner then asked for an interlocutory injunction in the Superior Court to allow him to administer the building pending litigation and to lift the suspension of the files ordered by the Régie du logement. [ 5 ] The trial judge (1) decided that Petitioner could not act as owner or administrator of the building until the right of ownership has been decided on the merits and, consequently, dismissed his motion for an interlocutory injunction; (2) granted the Respondent interlocutory motion, allowing him, as registered owner, to administer the building, to collect the rent from the tenant, to use the income for expenses relating to the building only and ordered that any excess income be deposited in trust with the Respondent's attorney, until judgment on the merits. [ 6 ] The Petitioner alleges errors which he qualifies as errors of law and palpable and overriding error in findings of fact.

Essentially,

the Petitioner is simply presenting again the same arguments invoked in the Superior Court. [ 7 ] The judgment is rendered in the course of a proceeding and therefore leave to appeal is subject to the criteria set forth in

Article 31 C.C.P. The judgment does not determine part of the dispute, nor does it cause irremediable injury to the Petitioner. On the contrary, it preserves the rights of all parties and allows for the management of the immoveable pending trial. Furthermore, the judgment shows no apparent weakness. FOR THESE REASONS, THE UNDERSIGNED: [ 8 ] DISMISSES the Application for leave to appeal, with costs. CLAUDINE ROY, J.A.