R.A. c. A.Ab. 2022 QCCA 567 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No. : 500-09-029786-217 ( 500-17-108341-192 ) MINUTES OF HEARING DATE: April 25, 2022 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. STEPHEN W. HAMILTON, J.A. BENOÎT MOORE, J.A. APPELLANT R. A. present and Unrepresented By videoconfence RESPONDENTS A. AB. present and Unrepresented S. AB. H. AB. ABSENT AND UNREPRESENTED DESCRIPTION: Motion to reconsider the Appeal Court Judgment dated February 4, 2022 (Art. 1 C.C.Q ., art. 2881, 2924, 2925, 2894, 2896, 359, 365, 378, 378, 360, 363, 369, 379 355, 356, 357 and 390 C.C.P .).

Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 10:32 Commencement of the hearing. Identification of the parties. 10:32 Justice Morissette addresses the parties. 10:32 By the Court: judgment – see page 3.

Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] In January of 2022, the applicant presented a Motion to file an incidental appeal after the expiry of the time limit. On February 4, a panel of this Court rendered a judgment setting out the reasons why it was dismissing the Motion. [1] [ 2 ] The applicant now brings à “Motion to reconsider the Appeal Court judgment dated 4 February 2022”.

Among other things, he asks that the Court “AUTHORIZE the applicant to institute an appeal (incidental) from the judgment…etc.” And as the context clearly shows, what is sought here is not something that would come within the purview of a revocation of judgment pursuant to art. 345 C.C.P. [ 3 ] No procedure exists to enable a panel of the Court to reconsider and vary a judgment rendered by another panel. Indeed, no panel may reconsider and vary one of its own judgments once it has been filed. In reality, what the applicant is seeking here is a reversal of the judgement of February 4.

Only a successful appeal to the Supreme Court of Canada could effect that result. [ 4 ] The Motion must therefore be dismissed. FOR THESE REASONS, THE COURT: [ 5 ] DISMISSES the Motion with costs. YVES-MARIE MORISSETTE, J.A. STEPHEN W. HAMILTON, J.A. BENOÎT MOORE, J.A.