2013 QCCA 368, 2013 QCCA 368

Jian c. Takefman 2013 QCCA 368 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023061-120 ( 500-17-062890-101 ) MINUTES OF THE HEARING DATE: February 25, 2013 CORAM: THE HONOURABLE JACQUES A. LÉGER, J.A. JACQUES J. LEVESQUE, J.A. DOMINIQUE BÉLANGER, J.A. APPELLANT MING JIAN In person RESPONDENT ATTORNEY JANET TAKEFMAN Mtre Virginie Simard LAVERY DE BILLY ATTORNEY

Motion to dismiss the appeal from of a judgment rendered on September 19, 2012 by the Honourable Justice Wilbrod Claude Décarie of the Superior Court, District of Montreal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 10 h 29 Beginning of the hearing. 10 h 29 Submission by Mtre Simard. 10 h 35 Submission by Madam Jian. 10 h 53 Recess. 10 h 57 Resumption of the hearing. 10 h 58 Judgment – see next page. 10 h 59 End of the hearing. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] In granting respondent's preliminary motion to dismiss appellant's action on the ground of prescription, the trial judge relied on

article 2892 C.C.Q . [ 2 ] Having assessed the factual and procedural context of this case, he was of the view that the right of action was extinguished, the motion to institute proceedings not having been filed in due time. [ 3 ] The Court unanimously agrees with the reasons of the trial judge and is of the view that the appeal has no reasonable chance of success. FOR THESE REASONS, THE COURT: [ 4 ] GRANTS the motion to dismiss the appeal, with costs. [ 5 ] DISMISSES the appeal, with costs JACQUES A. LÉGER, J.A. JACQUES J. LEVESQUE, J.A. DOMINIQUE BÉLANGER, J.A.