R.N. c. Québec (Curateur public) 2015 QCCA 516 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024793-143 (500-14-040964-124, 500-14-040766-123) MINUTES OF THE HEARING DATE: March 17, 2015 CORAM: THE HONOURABLE NICOLE DUVAL HESLER , C.J.Q. ALLAN R. HILTON , J.A. JEAN-FRANÇOIS ÉMOND , J.A. APPELLANT R. N. IN PERSON RESPONDENT COUNSEL LE CURATEUR PUBLIC DU QUÉBEC Mtre GUY RÉGIMBAL (Filion & associé

s) IMPLEADED PARTIES COUNSEL M. H. Mtre WILLIAM HENRIQUES (B.A.J. en droit de la santé) MI. N. Absent

COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mtre MICHÈLE TURENNE (Bois Drapeau Bourdeau) On appeal from a judgment rendered on September 24, 2014 by the Honourable Justice Marc De Wever of the Superior Court, District of Montreal. DESCRIPTION : Motion of the Public Curator of Quebec to dismiss the appeal (Article 501 (4.1) C.C.P.) Motion to adduce indispensable evidence from medical file (Article 509 paragraph 2 C.C.P.) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING Continuation of the hearing held on March 16, 2015 By the Court: judgment – see page 4. Robert Osadchuck Clerk

BY THE COURT JUDGMENT [ 1 ] The donations in favour of the appellant, which she executed under the mandate in the event of incapacity signed in her favour by her mother, place her in a situation of evident conflict of interest and disqualify her from acting as curator to the latter. [ 2 ] In addition, the judgment a quo fully explains the reasons which led the judge to conclude as he did. Only evidence contradicting such reasons could justify the intervention of the Court.

The two excerpts from the medical file attached to the appellant’s motion to adduce indispensable evidence fall far short of providing such evidence. Consequently, the appellant has failed to demonstrate any reversible error on the part of the judge and we are of the unanimous view that the appeal is doomed to fail. FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES the appellant’s motion to adduce indispensable new evidence, with costs; [ 4 ] GRANTS the motion of the Curateur public du Québec to dismiss the appeal, with costs; [ 5 ] DISMISSES the appeal, with costs. NICOLE DUVAL HESLER, C.J.Q. ALLAN R. HILTON, J.A.

JEAN-FRANÇOIS ÉMOND, J.A.