2014 QCCA 2341, 2014 QCCA 2341

A.R. c. Hôpital du Sacré-Coeur de Montréal 2014 QCCA 2341 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024881-146 (500-17-084565-145) DATE: December 19, 2014 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. MARIE-FRANCE BICH, J.A. MARIE ST-PIERRE, J.A. A. R. PETITIONER - Defendant v. HÔPITAL DU SACRÉ-COEUR DE MONTRÉAL RESPONDENT - Plaintiff JUDGMENT [ 1 ] Pursuant to

article 523 C.C.P. , the petitioner seeks leave to appeal the judgment rendered on October 7, 2014 by the Superior Court, district of Montreal (the honourable Madam Justice Carole Hallée), ordering long-term medical treatment and supervised residence. [ 2 ] The petitioner was unable to appeal the judgment within the time limit set out in articles 784 and 859 C.C.P. , due to his continuing hospitalization in an intensive care unit of the respondent's institution. Having thus shown that it was impossible for him to act sooner, within the meaning of

article 523 C.C.P. , the petitioner argues that leave should be granted because he was prevented to attend the hearing before the Superior Court and did not receive proper notification of the judgment thereafter.

He also argues that he was misdiagnosed by the respondent, does not need to be medicated in the manner ordered by the Superior Court and would prefer an alternate and more appropriate treatment that he devised himself. [ 3 ] Considering the documents filed by both parties and their respective oral arguments, the Court is of the view that the grounds of appeal raised by the petitioner have no reasonable chance of success and that leave should therefore not be granted. [ 4 ] As to the first ground of appeal, the Superior Court could not hear the petitioner pursuant to

article 780 C.C.P. because he categorically refused to be present at the hearing. The judgment itself was formally served upon the petitioner on October 7, 2014 ( i.e. soon after being rendered). [ 5 ] As to the second ground of appeal, the petitioner has not convinced us that it could justify quashing the orders of the Superior Court. FOR THESE REASONS, THE COURT: [ 6 ] DISMISSES the petitioner's motion, without costs. YVES-MARIE MORISSETTE, J.A. MARIE-FRANCE BICH, J.A. MARIE ST-PIERRE, J.A. Mr. Angelo Res Personally Mtre Véronique Try

Guernon Avocats For the respondent Date of hearing: December 15, 2014