2013 QCCA 1275, 2013 QCCA 1275

Lloyd c. Commission des lésions professionnelles 2013 QCCA 1275 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-09-023567-134 (500-17-070530-129) MINUTES OF THE HEARING DATE: July 24, 2013 THE HONOURABLE MR JUSTICE ALLAN R. HILTON APPELLANT ATTORNEY MAXWELL LLOYD In person RESPONDENT ATTORNEY COMMISSION DES LÉSIONS PROFESSIONNELLES Mtre Virginie Brisebois (absent) COMMISSION DES LÉSIONS PROFESSIONNELLES IMPLEADED PARTY ATTORNEY INSTITUT UNIVERSITAIRE EN SANTÉ MANTALE DOUGLAS Mtre Karine Spénard INSTITUT UNIVERSITAIRE EN SANTÉ MENTALE DOUGLAS

DÉCLARATION D'INTERVENTION (Art. 210 C.p.c.) OPPOSITION TO THE DECLARATION OF INTERVENTION AND TO DISMISS (Art. 210 C.p.c.) Clerk: Asma Berrak Court Room: RC.18 HEARING 9 h 43: Commencement of the hearing. Identification of counsel. 9 h 43: Submission by Mtre Spénard. 9 h 48: Suspension of the hearing. 11 h 21: Resumption of the hearing. 11 h 21: Discussion between the judge and the parties. 11 h 29: The judge explains the tenor of the judgment that will be sent to the parties before July 25, 2013. 11 h 31: Conclusion of the hearing.

Asma Berrak Clerk JUDGMENT [ 1 ] Maxwell Lloyd has appealed as of right a judgment of the Superior Court rendered on March 25, 2013 that dismissed his motion to judicially review a decision of the Commission des lesions professionnelles that arose out of his employment at the Douglas Hospital. The Hospital intervened in the proceedings in the Superior Court, despite the absence of its name in the style of cause in the judgment of the motion's judge. Mr. Lloyd now contests the Hospital's declaration of intervention in this Court for the purpose of applying to dismiss the appeal. [ 2 ] Mr.

Lloyd has already filed a factum in this Court. [ 3 ] As I explained to Mr. Lloyd at the hearing, his appeal has not been properly initiated, since he has not obtained the leave of a judge of this Court as required by

article 26 C.C.P. Neither the CLP nor the CSST, who were also parties in the Superior Court, were represented by counsel at the hearing before me. I am therefore unaware why they have not presented a motion to dismiss Mr. Lloyd's appeal pursuant to article 501(1) C.C.P. on the basis of it having been irregularly formed. [ 4 ] Mr. Lloyd now understands, however, that he must obtain leave to appeal. His rights in this respect are governed by

article 523 C.C.P. , which allows him to present such a motion on the basis therein mentioned no later than six months after the date of the Superior Court judgment rendered on March 25, 2013. In effect, he has two months left within which to do so. [ 5 ] I will therefore allow the Hospital's intervention, without costs. It along with the CLP and the CSST may of course contest any motion Mr. Lloyd brings for leave to appeal, and apply at the same time to dismiss his existing appeal.

ALLAN R. HILTON, J.A.