2012 QCCA 660, 2012 QCCA 660

C.P. c. M.S. 2012 QCCA 660 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022321-129 ( 500-17-068606-113 ) MINUTES OF THE HEARING DATE: April 2, 2012 CORAM: THE HONOURABLE JACQUES CHAMBERLAND, J.A. JACQUES DUFRESNE, J.A. JACQUES A. LÉGER, J.A. APPELLANT ATTORNEY C. P. Mtre Jack Hendler RESPONDENTS ATTORNEY M. S. THE PUBLIC CURATOR OF QUEBEC Mtre Saturnino Gennaro Iadeluca IADELUCA & IADELUCA Mis en cause ATTORNEY

CL. D. LAND REGISTRY OFFICE OF THE REGISTRATION DIVISION OF MONTREAL Motion by the Public Curator of Quebec to dismiss the appeal from a judgment rendered on December 13, 2011 by the Honourable Justice Louis-Paul Cullen of the Superior Court, District of Montreal.

Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 14 h 27 Commencement of the hearing. 14 h 27 Mtre Hendler is asking to postpone the motion to dismiss the appeal. 14 h 30 Representations by Mtre Iadeluca. 14 h 32 Recess. 14 h 35 Resumption of the hearing. 14 h 35 By the Court: the request to postpone the motion is dismissed and the Court will hear the motion.

On the motion to dismiss the appeal : 15 h 06 Submission by Mtre Iadeluca. 15 h 08 Submission by Mtre Hendler. 15 h 15 Reply by Mtre Iadeluca. 15 h 19 Recess. 15 h 31 Resumption of the hearing. 15 h 31 By the Court: judgement – see next page. Robert Osadchuck Clerk BY THE COURT

JUDGMENT [ 1 ] The judgment appealed from is that of Cullen J. declaring the "Motion introductive of proceedings" dated October 31, 2011 improper and dismissing it. [ 2 ] The appellant filed an inscription in appeal without seeking the leave required according to

article 26, second paragraph C.C.P. [ 3 ] The appeal filed is not only irregular but it also stands no reasonable chance of succeeding. [ 4 ] The "motion introductive of proceedings" was filed a few weeks after the judgment rendered by Tingley J. on October 12, 2011 confirming a previous authorization for the Public Curator to proceed with the sale of the property, but without such previous decision being appealed from by any of the parties involved. [ 5 ] The judgment rendered by Cullen J. is the last one in a long series of decisions pertaining to the sale of the property since March 5, 2007. [ 6 ] As a matter of fact, the record shows that the property in dispute was sold on December 21, 2011 pursuant to Tingley J.'s judgment of May 31, 2011.

FOR THESE REASONS, THE COURT : [ 7 ] GRANTS the motion to dismiss the appeal, with costs; [ 8 ] DISMISSES the appeal, with costs, but refrains from declaring the inscription in appeal an improper proceeding. JACQUES CHAMBERLAND, J.A. JACQUES DUFRESNE, J.A. JACQUES A. LÉGER, J.A.