2022 QCCA 909, 2022 QCCA 909

Zhang c. Jian 2022 QCCA 909 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-025125-154 ( 505-17-002072-058 ) MINUTES OF HEARING DATE: June 22, 2022 THE HONOURABLE MARK SCHRAGER, J.A. APPELLANT zhi long zhang ABSENT AND UNREPRESENTED RESPONDENT ming jian PRESENT AND UNREPRESENTED DESCRIPTION: Motion to set aside the judgment based on false exhibits and fraud (Article 345 C.C.P. ). Clerk at the hearing : Anne Dumont Courtroom: RC-18 HEARING 10:30 Commencement of the hearing. Discussion between the judge and Mrs. Jian regarding the notification of her motion. 10:33 After Mr.

Zhang’s name was called outside the courtroom, we noted that he was absent from today’s hearing. Submissions by Mrs. Jian.

10:50 Comments by the judge. Discussion between the judge and Mrs. Jian. 10:53 Mrs. Jian resumes her submissions. 10:55 Discussion between the judge and Mrs. Jian. 10:57 BY THE JUDGE: Judgment – see page 3. 10:58 Discussion between the judge and Mrs. Jian. 10:59 Conclusion of the hearing. Anne Dumont, Clerk at the hearing JUDGMENT [ 1 ] The Respondent seeks the revocation of the judgment rendered by the Court on October 24, 2016 which granted the Appellant’s appeal and overturned the judgment of the Superior Court of February 10, 2015.

The Superior Court dismissed Appellant’s motion in revocation of judgment so that the judgment of the Superior Court of June 1, 2006 condemning the Appellant by default to pay the Respondent $2 326 406 was maintained. [ 2 ] The result of the judgment of the Court was to send the matter back to the Superior Court for a trial on the merits of the Respondent’s action in damages against the Appellant.

It appears from the plumitif that despite the passage of almost six years, that trial has yet to occur. [ 3 ] Respondent states that she hand-delivered a copy of the present motion to Appellant and to a lawyer representing him in another matter as well as sending a copy by UPS. Nonetheless, the Appellant failed to appear before the undersigned. [ 4 ] The allegations of the motion before me might perhaps be relevant to the action pending before the Superior Court but cannot justify the revocation of the Court’s judgment of October 24, 2016.

Moreover, the present motion in revocation well exceeds the six- month strict delay imposed by

article 347 C.C.P . which alone is sufficient reason to dismiss it. [ 5 ] In any event, it is the Court and not a judge sitting alone which has jurisdiction to revoke a judgment of the Court, so that I will dismiss the motion but save Respondent’s recourse if any. FOR THE FOREGOING REASONS, THE UNDERSIGNED: [ 6 ] DISMISSES the Respondent’s “Application to set aside the judgment based on false exhibits and fraud” without legal costs given the absence of contestation and saving Respondent’s recourse, if any. MARK SCHRAGER, J.A.