2011 QCCA 735, 2011 QCCA 735

Rothos c. Gassios 2011 QCCA 735 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021358-114 ( 500-17-037153-072 ) MINUTES OF THE HEARING DATE: April 11, 2011 CORAM: THE HONOURABLE PIERRE J. DALPHOND, J.A. NICOLE DUVAL HESLER, J.A. NICHOLAS KASIRER, J.A. APPELLANT ATTORNEY PANAGIOTIS (Peter) ROTHOS Mtre Gregory Azancot AZANCOT & ASSOCIATES RESPONDENT ATTORNEY FOTINI GASSIOS Mtre Charles Gelber YANOFSKY GELBER MANCUSO IMPLEADED PARTY ATTORNEY EMMANUEL (Manny) KARAPETSAS (Defendant)

Motion to dismiss the appeal from a judgment rendered on December 15, 2010 by the Honourable Justice Suzanne Courteau of the Superior Court, District of Montreal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 12 h 19 Beginning of the hearing. 12 h 19 The Court is asking counsel for appellant to plead first. 12 h 19 Argumentation by Mtre Azancot. 12 h 38 Recess. 12 h 42 Resumption of the hearing. 12 h 42 Counsel for petitioner does not have to plead. 12 h 42 By the Court: judgment (see next page).

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Appellant's main argument is that the trial judge preferred the testimony of factual witnesses over the testimony of a handwriting expert whose opinion contained several caveats . The first judge clearly enunciated her reasons for doing so and the appeal raises only issues of credibility and fact. The appeal has no reasonable chance of success.

[ 2 ] For these reasons, the Motion to Dismiss Appeal is granted, with costs, and the appeal is dismissed, with costs. PIERRE J. DALPHOND, J.A. NICOLE DUVAL HESLER, J.A. NICHOLAS KASIRER, J.A.