2011 QCCA 2303, 2011 QCCA 2303

Soltani c. Desnoyers 2011 QCCA 2303 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-018719-088 (500-05-004800-940) DATE: DECEMBER 8, 2011 CORAM: THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. MARC BEAUREGARD, J.A. BENOÎT MORIN, J.A. BAHRAM SOLTANI APPELLANT – Plaintiff v.

LYNE DESNOYERS RESPONDENT – Defendant JUDGMENT [ 1 ] THE COURT, upon Appellant's Motion for Revocation of a Judgment dated December 8, 2010 on the ground that Appellant has, since the trial, discovered the whereabouts of a new key witness; [ 2 ] The fundamental reason which would justify granting the Motion is not satisfied in that the testimony of the witness in question could have no bearing on the issue of the appeal and of Appellant's lawsuit; [ 3 ] As mentioned in the said Judgment, Respondent did not recommend surgery because she thought that Appellant suffered from vertigo and tinnitus, but because she legitimately feared, on the basis of the radiology report, that Appellant was suffering either from a cholesteatoma or a chronic mastoiditis, which made the surgery necessary; [ 4 ] FOR THESE REASONS, THE COURT: [ 5 ] DISMISSES the Motion without cost.

NICOLE DUVAL HESLER, C.J.Q. MARC BEAUREGARD, J.A. BENOÎT MORIN, J.A. Mtre Ali Gholampour ALI GHOLAMPOUR AVOCAT INC. For Appellant Declaration to cease representing filed on October 28,2011