Fiederer c. Litvack 2019 QCCA 681 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027826-189 (500-17-094166-165) DATE: April 12, 2019 CORAM: THE HONOURABLE FRANÇOIS DOYON, J.A. MARTIN VAUCLAIR, J.A. STÉPHANE SANSFAÇON, J.A. BERNARD FIEDERER Appellant – plaintiff v.

IRWIN LITVACK FONDS D’ASSURANCE RESPONSABILITÉ PROFESSIONNELLE DES NOTAIRES DU QUÉBEC Respondents – defendants JUDGMENT [ 1 ] The applicant is seeking the revocation of the judgment rendered on November 26, 2018, in which the Court granted the motion to dismiss his appeal and dismissed the appeal on the ground that it had no reasonable chance of success. [ 2 ] He raises two arguments: He learned, only two days before the hearing of November 26, 2018, that the firm Le Palier Juridique would not be representing him, which deprived him of the right to be properly represented.

Furthermore, he argues that the Court did not read documents he sent the Court before the hearing. [ 3 ] Yet, based on the available documents, the law firm sent the applicant an email on September 19, informing him that it would not be representing him. [ 4 ] Moreover, the Court record shows that the Court received the documents on November 9, 2018, and there is therefore every indication that the Court read it before the hearing. [ 5 ] As for the other arguments, at the very most they are grounds for appeal of the judgment rendered on November 26 and, therefore, cannot form the basis for a revocation.

FOR THESE REASONS, THE COURT: [ 6 ] DISMISSES the application for revocation, with legal costs. FRANÇOIS DOYON, J.A. MARTIN VAUCLAIR, J.A. STÉPHANE SANSFAÇON, J.A. Mr Bernard Fiederer Personnally Mtre Mélissa Rivest Lapointe Rosenstein Marchand Melançon For the respondents Date of hearing: April 8, 2019