2021 QCCA 1857, 2021 QCCA 1857
Opinion
Amzallag c. Cytrynbaum 2021 QCCA 1857 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029712-213 ( 500-22-248924-188 ) MINUTES OF HEARING DATE: December 6, 2021 CORAM: THE HONOURABLE MANON SAVARD, C.J.Q. GENEVIÈVE MARCOTTE, J.A. SUZANNE GAGNÉ, J.A.
APPELLANTS COUNSEL DOV AMZALLAG , in his capacity as Trustee of the Daliam Residential Trust REVITAL BOUGANIM , in his capacity as Trustee of the Daliam Residential Trust MOSHE SHLOMO , in his capacity as Trustee of the Daliam Residential Trust Mtre DANIEL BROOK (by videoconference) ( Brook Legal ) RESPONDENT COUNSEL LEE CYTRYNBAUM Mtre GIULIO B.
VANI (by videoconference) ( Peizler & Vani ) On appeal from a judgment rendered on August 19, 2021 by the Honourable Catherine Pilon of the Court of Quebec , District of Montreal DESCRIPTION: Application to dismiss an appeal (Article 365 C.C.P. ) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:37 Commencement of the hearing. Identification of counsel. 9:37 Mtre Vani has nothing to add to his motion. 9:38 Submissions by Mtre Brook. 9:47 Reply by Mtre Vani. 9:48 Recess of the hearing. 9:56 Resumption of the hearing.
9:56 By the Court: judgment – see page 3. Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] The trial judge instructed herself correctly in law. There is no indication of a palpable and overriding error in her assessment of the evidence and expert testimony regarding the existence of latent defects. [ 2 ] The judge found that there was no causal link between the work suggested in the pre-purchase inspection report and the latent defects that led to her judgment.
Other than asking the Court to reassess the evidence and arrive at a different conclusion, the appellants have not shown a palpable error in the judge’s analysis that would justify the Court’s intervention. FOR THESE REASONS, THE COURT : [ 3 ] GRANTS the motion to dismiss the appeal, with legal costs; [ 4 ] DISMISSES the appeal, with legal costs. MANON SAVARD, C.J.Q. GENEVIÈVE MARCOTTE, J.A. SUZANNE GAGNÉ, J.A.
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