2011 QCCA 499, 2011 QCCA 499
Opinion
Bensason c. De Granpré Chait 2011 QCCA 499 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021120-100 ( 500-17-013256-022 ) MINUTES OF THE HEARING DATE: March 14, 2011 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. LORNE GIROUX, J.A. GUY GAGNON, J.A. APPELLANTS ROXANNE BENSASON and SOLOMON WINDHEIM Absent In person RESPONDENT ATTORNEYS DE GRANDPRÉ CHAIT Mtre Marie-Christine Bourget Mtre Ronald H. Levy DE GRANDPRÉ CHAIT ATTORNEY
Amended Motion to Dismiss the Appeal from a judgment rendered on October 14, 2010 by the Honourable Justice Paul Mayer of the Superior Court, District of Montréal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9 h 50 Beginning of the hearing 9 h 50 Remarks by the Court 9 h 52 Representations by Mr. Windheim 9 h 55 Recess 9 h 57 Resumption of the hearing 9 h 57 The Court authorizes Appellants to make representations on the seriousness of the appeal with regard to leave to file a late appeal.
The Court will not hear Petitioner on the request for damages of $9,000. 9 h 57 Argumentation by Mtre Bourget 10 h 12 Argumentation by Mr. Windheim 10 h 25 Reply by Mtre Bourget 10 h 27 Reply by Mtre Levy 10 h 30 Recess 10 h 36 Resumption of the hearing 10 h 36 By the Court: judgment (see next page) Robert Osadchuck Clerk BY THE COURT
JUDGMENT [ 1 ] Leave to appeal was required under
article 26, paragraph 2, subparagraph 3 C.C.P., and the appeal was therefore irregularly filed. [ 2 ] As leave to file a late appeal under
article 523 C.C.P . could be sought by the Appellants, who are self-represented, the Court allowed the parties to make representations on the seriousness of the appeal. [ 3 ] It is apparent from the Inscription, as framed and as phrased, that every single ground raised by the Appellants is either frivolous, as it is the case with ground 5 g pertaining to the Charter of Rights and Freedoms , or is devoid of any reasonable chance of success. [ 4 ] It follows that even if leave to file a late appeal were granted, the appeal would fail on its merits.
FOR THESE REASONS, THE COURT: [ 5 ] GRANTS the Motion to Dismiss the Appeal on the ground that the appeal was irregularly filed, with costs; [ 6 ] DISMISSES the appeal, with costs. YVES-MARIE MORISSETTE, J.A. LORNE GIROUX, J.A. GUY GAGNON, J.A.
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