2016 QCCA 60, 2016 QCCA 60

Callow c. Board of School Trustees (SD #45 West Vancouver) 2016 QCCA 60 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025753-153 (550-17-008208-157) MINUTES OF THE HEARING DATE: January 18, 2016 CORAM: THE HONOURABLE jacques chamberland , J.A. geneviève marcotte , J.A. étienne parent , J.A. APPELLANT ROGER CALLOW Absent RESPONDENT ATTORNEY BOARD OF SCHOOL TRUSTEES (S.D. #45 WEST VANCOUVER) Mtre JONATHAN WARIN (Lavery De Billy) On appeal from a judgment rendered on October 23, 2015 by the Honourable Justice Dominique Goulet of the Superior Court, District of Gatineau

DESCRIPTION : Motion to dismiss the appeal Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11:31 Commencement of the hearing. Identification of counsel. 11:31 The Court will recess for 10 minutes to allow Mr. Callow to call in. 11:31 Recess. 11:45 Resumption of the hearing. 11:45 Submissions by Mtre Warin. 11:46 Recess. 11:49 Resumption of the hearing. 11:50 By the Court: judgment – see page 3.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] This Court is tasked with the adjudication of a Motion to dismiss the appeal of a judgment rendered on October 23, 2015 by the Superior Court of Quebec, District of Gatineau (the Honourable Dominique Goulet), which dismissed Mr. Callow’s proceedings, with costs. [1] [ 2 ] Mr. Callow is absent this morning. He had indicated his intention to participate in this hearing by telephone conference and, on January 7, 2016, he was informed by the clerk of the Court of the steps to follow in order to do so. In his message to the Court dated January 15, 2016, Mr.

Callow indicated that “his presence would merely be redundant as all arguments have been made in letters to the Court”. [ 3 ] In a letter to Mr.

Callow dated January 15, 2016, the Court advised him that, should he not participate in the hearing, the Court would rule on respondent’s motion “on the basis of all arguments developed in your written Reply dated December 12, 2015 and in your subsequent letters and messages delivered to the Court”. [ 4 ] Justice Goulet held that the appellant’s proceeding entitled Notice of Motion was frivolous and constituted an unreasonable use of procedure, being another attempt on his part to retry a matter pertaining to his dismissal, which occurred more than 30 years ago in British Columbia and was subject to a number of judgments in that province.

Mr. Callow has since been precluded from introducing any further legal proceedings without prior authorization in British Columbia, as well as more recently in Ontario, where he also attempted without success to initiate proceedings relating to his past dismissal. [ 5 ] The Quebec Superior Court judgment stops short of ordering that Mr.

Callow be prohibited from introducing further legal proceedings in Quebec, although it does not exclude this possibility, should he persist to attempt to litigate in relation to his past dismissal in Quebec. [ 6 ] The Appellant has failed to demonstrate that his appeal has any reasonable chance of success. FOR THESE REASONS, THE COURT:

[ 7 ] GRANTS the Motion to dismiss the appeal; and [ 8 ] DISMISSES the appeal; [ 9 ] WITH legal costs against the appellant. jacques chamberland , J.A. geneviève marcotte , J.A. étienne parent , J.A.