2021 QCCA 1268, 2021 QCCA 1268

Tibilla c. Bank of Montreal 2021 QCCA 1268 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029623-212 ( 500-17-110433-193 ) MINUTES OF HEARING DATE: 17 August 2021 THE HONOURABLE PATRICK HEALY, J.A. APPLICANT Mohammed Tibilla PRESENT AND Unrepresented RESPONDENT COUNSEL Bank of Montreal Mtre Karine Lacombe-Joseph ( Tremblay Avocat ) By videoconference DESCRIPTION: Application for leave to appeal from a judgment terminating the proceeding rendered on 5 July 2021 by the Honourable Michel A. Pinsonnault of the Superior Court , District of Montréal (Art. 30 para. 2 and 357 C.C.P. ) .

Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 10:52 Commencement of the hearing. Identification of counsel. Preliminary comments. 10:54 Submissions by Mtre Lacombe-Joseph. 10:55 Discussion between the judge and the parties. 11:01 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] The petitioner seeks leave to appeal against a judgment of the Superior Court (the Honourable Michel A. Pinsonnault, J.C.S), [1] District of Montreal, dated 5 July 2021, that granted a demand for sale under judicial authority of the petitioner’s residence. [ 2 ] The Bank of Montreal commenced a hypothecary action against the petitioner because he had payments in arrears on his hypothec. At the time of judgment the petitioner owed 89 442,70$ to the respondent, which sum bears interest from 29 June 2021 at an annual rate of 1.9%.

The city of Montreal evaluated the propriety at 419 700$ in 2021. [ 3 ] The judgment of the Superior Court terminated the proceeding and is clearly of a value of exceed 60 000$. For this reason, the petitioner has an appeal as of right (art. 30 (1) C.C.P .) and the motion for leave to appeal is unnecessary.

THEREFORE, THE UNDERSIGNED: [ 4 ] DECLARES unnecessary a motion for leave to appeal in view of the right to appeal without leave; [ 5 ] DISMISSES the motion for leave to appeal; [ 6 ] ORDERS the appellant, after having notified a copy upon the respondent, to file in the Office of the Court, no later than 25 November 2021 , five copies of a written argument not exceeding 12 pages .

All documents necessary for the adjudication of the appeal (judgment under appeal, pleadings, excerpts from depositions, etc.) shall be attached; [ 7 ] ORDERS the respondent, after having notified a copy upon the appellant, to file in the Office of the Court, no later than 22 December 2021 , five copies of a written argument not exceeding 12 pages and of his supplementary documents; [ 8 ] DIRECTS the parties’ attention to

article 376 C.C.P. and

section 55 of the Civil Practice Regulation , which read as follows: 376. The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension. A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal. 55. Format. The memorandum shall include a title page, a table of contents and be paginated consecutively.

The provisions relating to briefs (including the final requirements) apply to memoranda with the necessary adaptations. [ 9 ] REFERS the file to the Master of the Rolls to determine the date of a hearing of 30 minutes in duration for each party; [ 10 ] REMINDS the parties about Practice Direction G-3 (latest revision: 20 April 2021) which strongly encourages them to attach a technological version of their brief or memorandum and their book of authorities to each hard copy of those documents.

The technological version must be saved on a USB key and must be in PDF format that allows keyword searches and includes hyperlinks from the table of contents to the brief, memorandum or book of authorities and, where applicable, from the argument to the schedules. If the Word version of their argument is available, parties are also invited to put that version on the USB key. [ 11 ] THE WHOLE , legal costs to follow. PATRICK HEALY, J.A.