2011 QCCA 1560, 2011 QCCA 1560

Fabrikant c. Eisenberg 2011 QCCA 1560 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021855-119 ( 500-05-006680-928 ) MINUTES OF THE HEARING DATE: August 31, 2011 THE HONOURABLE RICHARD WAGNER, J.A. PETITIONER ATTORNEY VI FABRIKANT Personally (via visio-conference) RESPONDENT ATTORNEY M. EISENBERG A. PASTERNAC Mtre Kristian Brabander McCARTHY TÉTRAULT MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON JUNE 9, 2011, BY THE HON. FRANÇOIS ROLLAND OF THE SUPERIOR COURT

Clerk: Annick Nguyen Court Room: RC.18 HEARING 14:34 Commencement of the hearing. Submission by Mr. Fabrikant. 15:03 Submission by Mtre Brabander. 15:06 Reply by Mr. Fabrikant. 15:09 BY THE JUDGE. Judgment – See page 3. Annick Nguyen Clerk JUDGMENT [ 1 ] I am seized with a motion for leave to appeal presented by Mr. Fabrikant from a judgment rendered by the Chief Justice of the Superior Court François Rolland, who refused authorization to institute an action for malpractice against respondents, Dr. Eisenberg and Dr. Pasternac. [ 2 ] I am of the opinion that petitioner Dr.

Fabrikant has failed to establish that his appeal had any reasonable chances of success. Moreover, I believe that the pursuit of justice do not require that leave to appeal be granted. [ 3 ] FOR THESE REASONS , the motion for leave to appeal is dismissed, with costs. RICHARD WAGNER, J.C.A.