2021 QCCA 1890, 2021 QCCA 1890

Sanderson c. Ville d'Hudson 2021 QCCA 1890 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No.: 200-09-010259-205 (200-17-031284-201) MINUTES OF THE HEARING DATE: December 13, 2021 THE HONOURABLE SIMON RUEL, J.A. (JR1676) APPLICANT COUNSEL DIANA SANDERSON Mtre JACQUELINE SANDERSON RESPONDENT COUNSELS VILLE D’HUDSON Mtre FRANÇOIS GUIMONT Mtre GABRIELLE CHAPUT (Dunton, Rainville) IMPLEADED

PARTIE COUNSEL PROCUREUR GÉNÉRAL DU QUÉBEC Mtre MARC-ANTOINE PATENAUDE (Lavoie, Rousseau)

DESCRIPTION: 1. Application for leave to appeal from a judgment rendered on October 27, 2020, by the Honourable Justice Michèle Lacroix of the Superior Court, district of Quebec (arts. 30 and 357 C.C.P .) 2. Oral request from Town of Hudson's to declare the motion for leave to appeal abusive CLERK AT THE HEARING: Ariane Gilbert COURTROOM: 4.30 – VIDEOCONFERENCE HEARING 9:33 Commencement of the hearing and identification of parties.

Discussion between the judge and the parties. 9:34 The judge accepted Mtre Sanderson's verbal application to amend the designation of the parties and replace the impleaded parties, Ministère de la Sécurité publique and Ministère des Forêts, de la Faune et des Parcs, with the Attorney General of Quebec. 9:35 Submission by Mtre Sanderson. Discussion between the judge and Mtre Sanderson. Mtre Sanderson continues. 9:44 Submission by Mtre Chaput. Town of Hudson's oral request to declare the motion for leave to appeal abusive. 9:48 Submission by Mtre Patenaude.

Discussion between the judge and the parties. 9:51 Reply by Mtre Sanderson. 9:55 Judgment, the reasons will be set out in the minutes of the hearing. Conclusion of the hearing.

Ariane Gilbert, Clerk at the hearing BY THE JUDGE: JUDGMENT [ 1 ] In her originating application in first instance, the Petitioner requests the issuance of injunctive reliefs against the Respondents, the Town of Hudson and the Attorney General, in relation to the construction of immunization walls against flooding on her property. [ 2 ] The Petitioner seeks leave to appeal from a judgment of the Superior Court, rendered in the course of proceedings, transferring the case from the District of Quebec to the District of Beauharnois. [ 3 ] That judgment may only be appealed on leave from this Court if it causes irremediable injury to a party and if the proposed appeal would serve the best interests of justice.

[ 4 ] Leave should be dismissed. The Petitioner would suffer no irremediable injury if the case was to proceed in the District of Beauharnois. The Petitioner resides in that District, and the immovable is located there as well. Counsel indicated that all the witnesses reside in the District or its vicinity. [ 5 ] It is not in the best interest of justice to further delay the proceedings in first instance in a matter qualified as urgent by the Petitioner herself.

FOR THE FOREGOING REASONS , THE UNDERSIGNED: [ 6 ] DISMISSES the application for leave to appeal, with legal costs; [ 7 ] DISMISSES the Town of Hudson's oral request to declare the motion for leave to appeal abusive, without costs. SIMON RUEL, J.A.