2013 QCCA 798, 2013 QCCA 798
Opinion
Andev Investments Inc. c. Weiner 2013 QCCA 798 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023363-138 ( 500-17-034375-066 ) MINUTES OF THE HEARING DATE: May 2 nd , 2013 CORAM: THE HONOURABLE JULIE DUTIL, J.A. NICHOLAS KASIRER, J.A. JACQUES R. FOURNIER, J.A. APPELLANT ATTORNEY ANDEV INVESTMENTS INC. Mtre Alan M. Stein RESPONDENT ATTORNEY JOSEPH WEINER Mtre Jason Dolman FISHMAN FLANZ MELAND PAQUIN Appellant's request to rectify the judgment of April 29, 2013.
Clerk: Elena Captari Courtroom: Pierre-Basile-Mignault HEARING 8 h 53 Beginning of the hearing. 8 h 53 Representations by Mtre Stein. 9 h 07 Representations by Mtre Dolman. 9 h 13 Reply by Mtre Stein. 9 h 14 Recess. 9 h 19 Resumption of the hearing. By the Court: judgment – see on page 3. 9 h 19 End of the hearing.
Elena Captari Clerk BY THE COURT JUDGMENT [ 1 ] Andev Investments Inc. filed an inscription in appeal from a judgment of the Superior Court, District of Montreal (the Honourable Madam Justice Claude Dallaire) rendered on January 29, 2013, which dismissed the company's claim for repayment of a simple loan with interest. The amount of the loan alleged was $33,950 and, with interest and the additional indemnity provided by law, Andev has taken the position that the amount in dispute is greater than $50,000.
As a precaution, the appellant also filed a motion for leave to appeal de bene esse . [ 2 ] The Court is seized of a motion to dismiss the appeal filed by respondent Joseph Weiner as well as Andev's motion for leave to appeal de bene esse . [ 3 ] On April 30, 2013, the motion was heard and judgment was rendered dismissing the appeal and the motion for leave de bene esse . [ 4 ] The appellant, by letter, made a request to rectify the judgment of the Court claiming that the calculations on which the Court based its decision with regards to the amount involved was erroneous. [ 5 ] The parties were reconvened and heard on this day. [ 6 ] Whether or not the amount in dispute is greater than $50,000, the appeal has no reasonable chance of success.
Assuming without deciding that the Superior Court had jurisdiction in the matter, the Court remains of the view that the appeal should be dismissed. FOR THESE REASONS , the Court: [ 7 ] DISMISSES the appellant's request to rectify judgment, without costs.
JULIE DUTIL, J.A. NICHOLAS KASIRER, J.A. JACQUES R. FOURNIER, J.A.
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