2020 QCCA 1630, 2020 QCCA 1630
Opinion
Hrabovskyy c. DAS Protection Juridique 2020 QCCA 1630 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028844-207 ( 500-17-107563-192 ) MINUTES OF HEARING DATE: November 30, 2020 CORAM: THE HONOURABLE FRANÇOIS DOYON, J.A. SUZANNE GAGNÉ, J.A. STEPHEN W. HAMILTON, J.A. APPLICANT VOLODYMYR HRABOVSKYY Unrepresente d (by videoconference) RESPONDENTS COUNSEL DAS PROTECTION JURIDIQUE Mtre VÉRONIQUE ROY ( Langlois Avocats ) (by videoconference) ASEQ Mtre GUY POITRAS ( Gowling WLG (Canada )) (by videoconference) DESJARDINS ASSURANCEs Mtre ESTHER HOULE ( Cholette Houle ) (by videoconference)
DESCRIPTION: Application for authorization to grant permission to appeal to the Supreme Court of Canada (Article 37 of the Supreme Court Act and
article 390, para. 2 C.C.P .) Application to suspend the provisional execution of a judgment of the Court of Appeal (Section 65.1 of the Supreme Court Act and
article 390, para. 2 C.C.P .) Supplementary Motion for authorization to grant the permission to appeal to the Supreme Court of Canada (Article 66 (2) of the Rules of the Supreme Court of Canada and articles 168, para. 1 and 2, 51 and 19, para. 2 C.C.P .) Amended Application of ASEQ to declare the appellant a quarrelsome litigant (Articles 51 and 55 C.C.P . and 13 of the Civil Practice Regulation ) Clerk at the hearing : Robert Osadchuck Courtroom: Louis-H.-Lafontaine HEARING 2:00 p.m. Commencement of the hearing. 2:03 p.m. Mr.
Hrabovskyy withdraws his Motion for leave to appeal to the Supreme Court of Canada. 2:06 p.m. Submissions by Mr. Hrabovskyy on his two other motions 2:28 p.m. Mtre Poitras has nothing to add to his motion. 2:29 p.m. Submissions by Mr. Hrabovskyy on the motion to declare the appellant a quarrelsome litigant. 2:39 p.m. Recess. 2:45 p.m. Resumption of the hearing. 2:45 p.m. By the Court: judgment – see page 4. As to the motion to declare the applicant a quarrelsome litigant, the judgment will be rendered on December 4, 2020, at 9:30 a.m.
Robert Osadchuck, Clerk at the hearing JUDGMENT On the Application for leave to appeal to the Supreme Court of Canada: [ 1 ] The application was withdrawn by Mr. Hrabovskyy; On the Application to suspend the provisional execution of a judgment of the Court of Appeal:
[ 2 ] As a matter of law, there is no order to suspend. FOR THIS REASON, THE COURT: [ 3 ] DISMISSES the application, without legal costs. On the supplementary motion to the panel of the three judges for the authorization to grant permission to appeal: [ 4 ] As to the supplementary motion, the conclusions sought are irrational. FOR THIS REASON, THE COURT : [ 5 ] DISMISSES the application, without legal costs. FRANÇOIS DOYON, J.A. SUZANNE GAGNÉ, J.A. STEPHEN W. HAMILTON, J.A.
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