2012 QCCA 1381, 2012 QCCA 1381

Liu c. McGill University 2012 QCCA 1381 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022636-120 (500-17-066381-115) MINUTES OF THE HEARING DATE: August 1, 2012 THE HONOURABLE JACQUES DUFRESNE, J.A. PETITIONER ATTORNEY JISHENG LIU Personally RESPONDENT ATTORNEY McGILL UNIVERSITY Mtre Nathalie Gagnon McCARTHY TÉTRAULT Motion to suspend proceedings of August 7, 2012 of defendant McGill's motion to dismiss the appeal before the Court of Appeal. Clerk: Marie-Laurence Brunet Court Room : RC-18

HEARING 19 h 20 Beginning of the hearing. Identification of the parties. 19 h 20 Submission by Mr. Liu. 19 h 38 Submission by Mtre Gagnon. 19 h 42 Reply by Mr. Liu. 19 h 54 Suspension of the hearing. 20 h 15 Resumption of the hearing. 20 h 15 Intervention of Mr. Liu: verbal motion in recusation. 20 h 16 BY THE JUDGE : For judgment – see following page. 20 h 22 End of the hearing. Marie-Laurence Brunet Clerk JUDGMENT On the verbal motion asking for the recusation of Mr.

Justice Dufresne [ 1 ] The verbal motion ofapplicant asking that I recuse myself is based on the fact I have decide a previous motion concerning him. The motion was made when I was about to render my judgment on his motion to suspend the proceedings of August 7, 2012 of defendant McGill's motion to dismiss the pending appeal before the Court. [ 2 ] The reason invoked is not a valid one for me to recuse myself. THEREFORE: [ 3 ] The applicant’s verbal motion in recusation is dismissed, without costs.

On the motion asking the suspension of the proceedings of August 7 th , 2012 of dependant McGill’s motion [ 4 ] On July 26, 2012, the applicant filed a motion under articles 46 and 834.1 C.C.P. to suspend the proceedings of August 7, 2012 pertaining to respondent's motion to dismiss his appeal. [ 5 ] On the same day, he filed a handwritten request asking that I hear his motion to suspend on August 1 or soon thereafter. [ 6 ] The applicant's motion to suspend is based on a separate motion he filed in the Superior Court on July 23, 2012 asking, amongst other conclusions, that a judgment dated January 16, 2012, rendered by Madam Justice Carole Therrien of the same court be annulled and declared void. [ 7 ] The applicant alleges that confusion arises from two judgments rendered by Madam Justice Carole Therrien, one dated January 16, 2012 and the other dated February 13, 2012.

Both judgments dismissed the applicant's motion for revocation of a judgment rendered on October 21, 2011 by Mr. Justice Gérard Dugré that dismissed his action. [ 8 ] I am of the view that neither

article 46 nor

article 834.1 C.C.P. enable me to suspend the hearing of a motion pending before the Court. Having said that, I see no valid reason to grant the present motion. [ 9 ] I would underscore that, on the face of things, nothing precludes the applicant from raising the arguments he makes with respect to Madam Justice Therrien's judgments of January 16, 2012 and February 13, 2012 in answer to respondent's motion to dismiss his appeal, which will be heard by the Court on August 7 th , 2012,. [ 10 ] Therefore , the undersigned DISMISSES the applicant's motion to suspend proceedings of August 7, 2012, costs to follow suit. JACQUES DUFRESNE, J.A.