2015 QCCA 2129, 2015 QCCA 2129
Opinion
Amzallag c. Ste-Agathe-des-Monts (Ville de) 2015 QCCA 2129 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025593-153, 500-09-025594-151 (700-17-009264-127, 700-17-009265-124) MINUTES OF THE HEARING DATE: December 14, 2015 CORAM: THE HONOURABLE yves-morissette , J.A. françois doyon , J.A. nicholas kasirer , J.A. N o : 500-09-025593-153 APPELLANT YAMNA AMZALLAG In person RESPONDENT COUNSEL VILLE DE SAINTE-AGATHE-DES-MONTS Mtre SÉBASTIEN DORION (Dunton Rainville) N o : 500-09-025594-151 APPELLANT RINA TSILA AMZALLAG Absent RESPONDENT COUNSEL
VILLE DE SAINTE-AGATHE-DES-MONTS Mtre SÉBASTIEN DORION (Dunton Rainville) 500-09-025 593-153 On appeal from a judgment rendered on August 6, 2015 by the Honourable Justice David R. Collier of the Superior Court, District of Terrebonne 500-09-025594-151 On appeal from a judgment rendered on August 6, 2015 by the Honourable Justice David R. Collier of the Superior Court, District of Terrebonne DESCRIPTION : Motion to dismiss the appeal (Art. 501 (1), (2), (3), (4.1),
(5) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 12:56 Commencement of the hearing. Identification of counsel. 12:56 Representations by Mtre Philip E. Fine. He is present in Court informally for Rina Tsila Amzallag and will not make any representations. 12:57 Submissions by Mtre Dorion. 13:01 Submissions by Yamna Amzallag. 13:20 Recess 14:03 Resumption of the hearing. 14:03 Submissions by Yamna Amzallag. 14:25 The respondent concedes that its ground of dismissal based on the timeliness to file an appeal is without merit.
14:26 Reply by Yamna Amzallag. 14:43 Recess. 14:39 Resumption of the hearing. 15:05 By the Court: judgment – see page 4. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The respondent conceded during the hearing that its ground of dismissal based on the timeliness of the appeal is without merit. [ 2 ] This said, it is apparent from the argument of the appellant in response to the motion to dismiss that the appellants are intent on retrying on appeal issues amounting in essence to questions of fact, not of law, without identifying any palpable and overriding error warranting revision and reversal by the Court.
FOR THESE REASONS, THE COURT: [ 3 ] GRANTS the motion, with costs; [ 4 ] DISMISSES the appeals, with costs. yves-morissette, J.A. françois doyon, J.A. nicholas kasirer, J.A.
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