2022 QCCA 1641, 2022 QCCA 1641

Solution d'affaires D&A ltée c. Barreau de Montréal 2022 QCCA 1641 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-10-007907-221 ( 500-36-010237-223 ) MINUTES OF HEARING DATE: December 1, 2022 THE HONOURABLE MANON SAVARD, C.J.Q. APPLICANT COUNSEL solution d'affaires d&a ltée Mr Alexander Shaulov By videoconference RESPONDENT COUNSEL barreau de Montréal Mtre Nicolaos Strapatsas ( Barreau de Montréal ) DESCRIPTION: Application for leave to appeal form a judgment of Superior court on a ground that involves questions of law (Art. 291 and 296 C.P.P. ) .

Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:32 Commencement of the hearing. Identification of counsel. The judge addresses to Mtre Strapatsas about the presence of Mr. Shaulov and the fact that he asks for a postponement. 9:35 Submissions by Mtre Strapatsas. BY THE CHIEF JUSTICE: Judgment – see page 3. 9:45 Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] On November 4, 2022, Solutions d’affaires D&A Ltée (the “Applicant”), acting through its president, Mr. Shaulov, filed a motion for leave to appeal from a judgment of the Superior Court granting the motion of the Barreau de Montréal (the “Respondent”) to summarily dismiss the Applicant’s appeal from the decision of Justice of the Peace Geneviève Claude Parayre dated March 24, 2022.

In that decision, Justice of the Peace Parayre dismissed the Applicant’s motion for a stay of the proceedings related to the charges filed by the Respondent alleging that the Applicant had acted contrary to ss. 132 and 133 of the Act respecting the Barreau du Québec and s. 188 of the Professional Code . [ 2 ] The Applicant requested that its motion for leave be heard by a judge of the Court of Appeal on December 1, 2022. [ 3 ] On November 22, 2022, the Applicant sent an email requesting a postponement of the hearing set for December 1, 2022, on the ground that it had not yet been able to obtain the transcript of the hearing before the Superior Court.

It also requested case management of its file. The Respondent opposed both requests. Both parties were informed by the clerk of the Court that the request for a postponement would be argued on December 1, 2022. [ 4 ] On November 30, 2022, by email, Mr. Shaulov’s wife informed the Court that the hearing set for December 1, 2022 had to be rescheduled, alleging that Mr. Shaulov “got sick”. In accordance with the applicable rule, the clerk informed Mr.

Shaulov’s wife that she could not make any requests on behalf of the Applicant, as she is not permitted to act on behalf of the Applicant, and that all requests had to be made by the Applicant. Mr. Shaulov wrote back to the clerk on the same day, after Court office hours, contesting the clerk’s request and alleging his intention to file a complaint against the clerk. [ 5 ] On December 1, 2022, no one appeared on behalf of the Applicant. The clerk called the phone number on file for the Applicant, but the person who answered immediately hung up after having been informed that the call was for Mr.

Shaulov. [ 6 ] In view of these facts, the Respondent asked the Court to dismiss the request for a postponement and the motion for leave of appeal based on the appeal having no reasonable chance of success. [ 7 ] After due consideration, in view of Mr. Shaulov’s absence in Court today, and in the best interests of justice, I hereby fix the hearing of both motions on December 12, 2022.

The Applicant should make the necessary arrangements to be represented before the Court on that date, it being understood that the file may proceed should the Applicant decide not to appear before the Court. [ 8 ] FOR THESE REASONS, THE UNDERSIGNED: [ 9 ] SETS the hearing of this file on December 12, 2022, at 9:30 a.m. MANON SAVARD, C.J.Q.