2011 QCCA 269, 2011 QCCA 269

Speliotopoulos c. Boucher 2011 QCCA 269 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021161-104 (500-05-042705-986) MINUTES OF THE HEARING DATE: February 7, 2011 CORAM: THE HONOURABLE FRANÇOIS PELLETIER, J.A. ANDRÉ ROCHON, J.A. JACQUES DUFRESNE, J.A. APPELLANT ATTORNEY DENISE SPELIOTOPOULOS Mtre Gordon Selig RESPONDENTS ATTORNEY JEAN-JACQUES BOUCHER and THE ESTATE OF THE LATE JEAN-JACQUES BOUCHER Mtre Jean-Félix Racicot ATTORNEY

Respondent's motion to dismiss the appeal from a judgment rendered on October 12, 2010 by the Honourable Christiane Alary of the Superior Court, District of Montreal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 15 h 14 Beginning of the hearing 15 h 14 Argument by Mtre Racicot 15 h 18 Argument by Mtre Selig 15 h 38 Reply by Mtre Racicot 15 h 41 Recess 15 h 47 Resumption of the hearing 15 h 47 By the Court: judgment (see next page) Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] In a very detailed judgment, the judge addresses all the issues that are now raised in the Inscription in Appeal. [ 2 ] Essentially, these issues deal with questions of fact.

[ 3 ] It is not the Court's role to revaluate as a whole the evidence that was brought before the judge of first instance, unless manifest and palpable errors are shown. [ 4 ] After thorough analysis, the Court is of the opinion that this appeal has no reasonable chance of success. [ 5 ] FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the Motion to Dismiss the Appeal, with costs; [ 7 ] DISMISSES the appeal, with costs. FRANÇOIS PELLETIER, J.A. ANDRÉ ROCHON, J.A. JACQUES DUFRESNE, J.A.