2014 QCCA 84, 2014 QCCA 84

Hu c. Montréal (Office municipal d'habitation de) (OMHM) 2014 QCCA 84 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023483-134 ( 500-80-023643-126 ) MINUTES OF THE HEARING DATE: January 13, 2014 CORAM: THE HONOURABLE ALLAN R. HILTON, J.A. GUY GAGNON, J.A. MANON SAVARD, J.A. APPELLANT HONG ZHI HU In person RESPONDENT COUNSEL OFFICE MUNICIPAL D’HABITATION DE MONTRÉAL (OMHM) Mtre Mélanie Chaperon

Amended motion to dismiss the appeal from a judgment rendered on December 11, 2012 by the Honourable Judge Mark Shamie of the Court of Quebec, District of Montreal. (art. 501 (1), (2), (4.1) and

(5) C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11:25 Beginning of the hearing. 11:25 Exchanges between Justice Hilton and Mr. Hu. 11:27 Submissions by Mtre Chaperon. 11:31 Submissions by Mr. Hu 11:34 By the Court: Judgment will be rendered, in writing, during the course of the week, on the minutes of the hearing, granting the motion to dismiss the appeal and dismissing the appeal.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] On April 4, 2013, the appellant Hong Zi Hu inscribed in appeal as of right from a reasoned judgment of a judge of the Court of Quebec rendered on December 11, 2012 dismissing his motion for leave to appeal from a decision of the Régie de Logement rendered on September 2012.

That decision resiliated the lease between the parties, ordered his expulsion and that of other occupants of the premises in question, and condemned him to pay $72 in costs. [ 2 ] The respondent alleges two grounds in support of its motion to dismiss the appeal: first, there is no right of appeal as a matter of law from the judgment of the Court of Quebec; and, second, that even if a right of appeal does exist, the appeal was not initiated within the legal delays. [ 3 ] As the Court explained to Mr. Hu at the hearing,

section 102 of the Act respecting the Régie du Logement [1] provides that the

judgment of the Court of Quebec is "without appeal / sans appel". For that reason alone, it is impossible for the Court to entertain his appeal. [ 4 ] Whatever remedy the appellant may have had in the circumstances, it was not before this Court. FOR THESE REASONS, THE COURT: [ 5 ] GRANTS the motion to dismiss the appeal, without costs; [ 6 ] DISMISSES the appeal, without costs. ALLAN R. HILTON, J.A. GUY GAGNON, J.A. MANON SAVARD, J.A.