2013 QCCA 1083, 2013 QCCA 1083

Alexopoulos c. Montréal (Ville de) 2013 QCCA 1083 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023506-132 (500-17-056811-105) MINUTES OF THE HEARING DATE: June 10, 2013 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. MANON SAVARD, J.A. CLAUDE C. GAGNON, J.A. (ad hoc) APPELLANTS ATTORNEY DEMETRAKIS ALEXOPOULOS CHRISTOS GIOCAS Mtre Ryan Allen Ryan Allen, Étude légale RESPONDENT ATTORNEY VILLE DE MONTRÉAL Mtre Chantal Bruyère Dagenais, Gagnier, Biron

Motion for dismiss an appeal of a judgment rendered on March 26, 2013 by the Honourable Justice Thomas M. Davis of the Superior Court district of Montreal. Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 10 h 01 Argumentation by Mtre Chantal Bruyère. 10 h 12 Argumentation by Mtre Ryan Allen. 10h 40 Reply by Mtre Chantal Bruyère. 10 h 41 Suspension. 10 h 45 Resumption. BY THE COURT: Judgment – see page 3.

Marcelle Desmarais Clerk BY THE COURT JUDGMENT [ 1 ] We are unanimously of the view that the inscription in appeal, as lengthy and detailed as it is, nevertheless mischaracterizes the grounds of appeal as legal grounds. Every one of these grounds except the first raises issues which are entirely or largely dependent on an assessment of the evidence produced at trial and they could only result in a reversal on appeal of the judgment below if the appellants

established the existence of specific palpable and overriding errors within the meaning given to this phrase in a number of judgments rendered by the Supreme Court of Canada or by our court. This the appellants fail to do in their inscription. As for the legal issue raised as a first ground of appeal in the inscription, the respondent offers a clear and full refutation of the

interpretation, erroneous as it turns out, of the by-law invoked by the appellants in the Superior Court. [ 2 ] For these reasons, the appeal stands no reasonable chance of success. [ 3 ] The motion to dismiss the appeal is therefore granted, with costs, and the appeal is dismissed, with costs. YVES-MARIE MORISSETTE, J.A. MANON SAVARD, J.A. CLAUDE C. GAGNON, J.A. (ad hoc)