2015 QCCA 380, 2015 QCCA 380

Nussenbaum c. Commission des droits de la personne et des droits de la jeunesse 2015 QCCA 380 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025028-150 (500-17-085757-147) MINUTES OF THE HEARING DATE: February 26, 2015 THE HONOURABLE MR. JUSTICE MARTIN VAUCLAIR, J.A. PETITIONER REBECCA NUSSENBAUM IN PERSON RESPONDENT COUNSEL COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mtre MICHÈLE TURENNE (Commission des droits de la personne et des droits de la jeunesse) IMPLEADED PARTY TRIBUNAL DES DROITS DE LA PERSONNE DESCRIPTION: Motion for suspension of provisional execution (Article 550, 834.1 C.C.P.) Clerk: Robert Osadchuck Courtroom: RC-18

HEARING 9:43 Commencement of the hearing. Identification of counsel. 9:43 Exchanges between the judge, Mtre Turenne and Petitioner. 9:48 Submissions by Mrs Nussenbaum. 10:00 Submissions by Mtre Turenne. 10:07 Reply by Mrs. Nussenbaum 10:11 Judgment to be rendered at 2:00 p.m. today. Petitioner and counsel for respondent are excused from appearing in Court and judgment will be sent to them by e-mail. 14:00 Judgment – see page 3.

Robert Osadchuck Clerk BY THE JUDGE JUDGMENT [ 1 ] On January 21, 2015 (rectified February 24, 2015), the Superior Court of Quebec (Honourable Joel Silcoff) granted Respondent’s preliminary motion to dismiss and indeed dismissed the Petitioner’s motions, one in evocation and two motions for a safeguard order. [ 2 ] The first instance judge wrote: [17] When all the rhetoric is set aside, there are only two issues raised by Nussenbaum in her proceedings.

They both relate to the required delays within which each of the parties were to file their respective mémoires in the proceedings pending before the Tribunal. [18] The Court finds her contentions in both these regards being unfounded in tact arid unsupported in law. They are without merit. Moreover, her proceedings are dilatory, vexatious and brought in bad faith, as it is contemplated by

article 54.1 and following of the C.c.p.; [ 3 ] The Petitioner filed a motion for authorization to appeal that will be heard on March 5, 2015.

In the interim, the Petitioner received convocation by the Tribunal des droits de la personne for a pre-trial conference to be held tomorrow, February 27, 2015. [ 4 ] Thus, the Petitioner filed a motion for suspension of provisional execution seeking the following conclusion : ORDER suspension of the judgment rendered in file no: 500-17-085757-147 of the Superior Court of Montreal until judgment on Petitioner’s motion for authorization to appeal is rendered in the present file by the Court of Appeal, the whole with costs against any contestant. [ 5 ] First, the first instance judge concluded Petitioner’s motion to be abusive and therefore,

section 547

j) C.C.P. must be considered. Second, the Petitioner does not demonstrate the irreparable prejudice that would result from a pre-trial conference. THEREFORE, the undersigned : [ 6 ] DIMISSES the motion for suspension of provisional execution, with costs. martin vauclair , J.A.