2018 QCCA 1810, 2018 QCCA 1810
Opinion
Vujacic c. Tikle 2018 QCCA 1810 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027690-189 (500-17-075870-132) MINUTES OF THE HEARING DATE: October 29, 2018 CORAM: THE HONOURABLE Allan r. hilton , J.A. jacques j. levesque , J.A. marie-josée hogue , J.A. APPELLANT COUNSEL MARK VUJACIC Mtre SERGEY GERASIN (SDN Légal inc.) RESPONDENTS COUNSEL ROSEMARY TIKLE ROGER RAAD Mtre gabriel béliveau (Bernard & Brassard, s.e.n.c.r.l.) RESPONDENTS COUNSEL CARLO CAMPANELLI STEVEN CAMPANELLI NANCY CAMPANELLI Mtre YIXIAO ZHENG (Cabinet Gelber Liverman)
On appeal from a judgment rendered on June 6, 2018 by the Honourable Justice Chantal Lamarche of the Superior Court, District of Montreal DESCRIPTION : Application of Rosemary Tikle and Roger Raad to dismiss an appeal and to provide suretyship (Articles 364 and 365 C.C.P .) Application of Carlo, Steven and Nancy Campanelli to dismiss an appeal and to provide suretyship (Articles 364 and 365 C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:58 Commencement of the hearing.
Identification of counsel. 9:58 Submissions by Mtre Béliveau. 10:06 Submissions by Mtre Zheng. 10:12 Submissions by Mtre Gerasy. 10:24 Reply by Mtre Béliveau. 10:27 Reply by Mtre Zheng. 10:28 Recess. 10:32 Resumption of the hearing. 10:32 By the Court: judgment – see page 3.
Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The principal reason invoked to resist the Motion to dismiss the appeal relates to an initial trial before Justice Conte on which the trial judge relied, and at which the appellant testified. [ 2 ] The appellant was free to call whoever he wanted in support of his defense in the instant case that gave rise to the judgment appealed from.
While it is also true that the trial judge may well have made different findings of fact than those found in the judgment, the appellant has not alleged errors that would satisfy the demanding criteria of palpable and overriding error.
FOR THESE REASONS, THE COURT: [ 3 ] GRANTS the Motions to dismiss an appeal, with legal costs; [ 4 ] DISMISSES the appeal, with legal costs. Allan r. hilton, J.A. jacques j. levesque, J .A. marie-josée hogue, J.A.
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