2011 QCCA 172, 2011 QCCA 172
Opinion
Melkowska c. Gatineau (Office municipal d'habitation de) 2011 QCCA 172 COURT OF APPEAL CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-09-021190-103 ( 550-17-005304-108 ) MINUTES OF THE HEARING DATE: January 21, 2011 THE HONOURABLE YVES-MARIE MORISSETTE, J.A. PETITIONER ATTORNEY ALFREDA MELKOWSKA Personally RESPONDENT ATTORNEY OFFICE MUNICIPAL D’HABITATION DE GATINEAU Mtre Armand Poupart jr. POUPART LeCHASSEUR MOTION FOR LEAVE TO APPEAL RENDERED ON NOVEMBER 15, 2010, BY HON. SUZANNE TESSIER OF THE SUPERIOR COURT DISTRICT OF HULL
Clerk: Annick Nguyen Court Room: RC.18 HEARING 10:17 Commencement of the hearing. 10:18 Submission by Mrs. Melkowska. 10:24 Submission by Mtre Poupart. 10:34 Suspension. 10:45 Resumption of the hearing. BY THE JUDGE. Judgment – See page 3. 10:47 Intervention of Mrs. Melkowska.
Annick Nguyen Clerk JUDGMENT [ 1 ] Although taken at face value, the Petitioner's version of her current situation may elicit a certain amount of sympathy, the sole question I have to decide is whether there is a reason to grant leave to appeal from a judgment from November 15, 2011, rendered orally, recorded in the minutes of hearing on a single page and which appears to deal exclusively with case management matters in preparation for a hearing on the merits set towards the end of February. [ 2 ] That being the case, and supposing without deciding that this judgment could come within the purview of
article 29 C.C.P. , I cannot see how a panel of this Court could in any way vary the terms of the ruling contained in this judgment. [ 3 ] Petitioner's request for more hearing time at trial may perhaps, if necessary, be renew in the Court below, where the case must continue, but no redress could come from this Court at this stage in this case. [ 4 ] THEREFORE, the motion is DISMISSED, without costs. YVES-MARIE MORISSETTE, J.A.
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