2011 QCCA 1800, 2011 QCCA 1800
Opinion
Baldassare c. Siciliani 2011 QCCA 1800 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021744-115 ( 500-22-161462-091 ) MINUTES OF THE HEARING DATE: September 30, 2011 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONERS ATTORNEY GIUSEPPINA BALDASSARE FRANCO BALDASSARE MASSIMO BALDASSARE Mtre Steven Roch (ABSENT) RESPONDENTS ATTORNEYS FRANK SICILIANI TONY SICILIANI Mtre Nicholas Di Tomaso (ABSENT) KAPERONIS & COLARUSSO Mtre Amanda Alfieri (ABSENT) PATERAS IEZZONI
MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON APRIL 14, 2011, BY THE HON. JEAN-PIERRE BORDUAS OF THE COURT OF QUEBEC, DISTRICT OF MONTREAL Clerk: Annick Nguyen Court Room: ——- HEARING Continuation of September 29, 2011, hearing. Judgment – See page 3.
Annick Nguyen Clerk JUDGMENT [ 1 ] The petitioners seek leave to appeal from a final judgment of the Court of Quebec, District of Montreal (the Honourable Jean- Pierre Borduas), rendered on April 14, 2011, in which their claim for $10,000 was dismissed because it was prescribed. [ 2 ] In their motion, petitioners state that their attorney only received the judgment on April 29 and that they themselves were apprised of it on May 2, 2011. [ 3 ] The motion for leave to appeal was filed with the office of the court on June 6, 2011, outside the thirty-day time limit set forth in
article 494 C.C.P. A judge in chambers has no jurisdiction to extend that limit. [ 4 ] FOR THIS REASON , the undersigned: [ 5 ] DISMISSES the motion, with costs.
NICHOLAS KASIRER, J.A.
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