2011 QCCA 449, 2011 QCCA 449

Blank c. Blank 2011 QCCA 449 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021355-110 ( 500-17-033071-062 ) MINUTES OF THE HEARING DATE: March 7, 2011 CORAM: THE HONOURABLE ANDRÉ ROCHON, J.A. FRANÇOIS DOYON, J.A. NICOLE DUVAL HESLER, J.A. APPELLANT ATTORNEY HOWARD BLANK Mtre Muriel Librati RESPONDENT ATTORNEY HEDY BLANK Mtre Elliot S. Brott ATTORNEY

Motion to dismiss the appeal from a judgment rendered on December 16, 2010 by the Honourable Justice Brian Riordan of the Superior Court, District of Montreal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 15 h 55 Beginning of the hearing. 15 h 55 Mtre Brott has nothing to add to his motion. 15 h 55 Argument by Mtre Librati. 16 h 04 Recess. 16 h 14 Resumption of the hearing. 16 h 14 By the Court: judgment (see next page).

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Unhappy about the contents of their mother's will, Appellant insisted that Respondent renounce it and have the estate decided according to Jewish law before the Rabbinical Court. When she refused, he took several steps intended to coerce her into submission, or to punish her for not doing so. He set up a website, telephoned the principal of the Orthodox Jewish school where she had

taught for some 35 years and left menacing messages on her telephone voice mail. [ 2 ] The judge of first instance came to the conclusion that the Appellant had persisted in harassing Respondent for one purpose only: revenge. He found that Appellant, in his hate campaign against his sister, had been "motivated by hate, malice and a desire for revenge" (par. 38 of the judgment a quo ). He awarded both moral and punitive damages. [ 3 ] Appellant acknowledged that the award for punitive damages should be assessed in conformity with

article 1621 C.c.Q. and that his patrimony gave rise to the condemnation sought, thus avoiding an examination of his financial situation. [ 4 ] The appeal only raises issues of fact and credibility. We are unanimously of the opinion that it would have no reasonable chance of success. [ 5 ] For these reasons, the Motion to Dismiss the Appeal is granted, with costs, and the appeal is dismissed, with costs. ANDRÉ ROCHON, J.A. FRANÇOIS DOYON, J.A. NICOLE DUVAL HESLER, J.A.