2012 QCCA 186, 2012 QCCA 186

Liu c. McGill University 2012 QCCA 186 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022352-124 ( 500-17-066381-115 ) MINUTES OF THE HEARING DATE: January 31, 2012 THE HONOURABLE PIERRE J. DALPHOND, J.A. PETITIONER ATTORNEY JISHENG LIU In person RESPONDENT ATTORNEY McGILL UNIVERSITY Mtre Nathalie Gagnon McCARTHY TÉTRAULT MOTION FOR LEAVE TO APPEAL Clerk: Annick Nguyen Court Room: RC.18

HEARING 11:00 Commencement of the hearing. Submission by Mr. Liu. 11:06 Submission by Mtre Gagnon. 11:08 Reply by Mr. Liu. 11:11 BY THE JUDGE. Judgment – See page 3. Annick Nguyen Clerk JUDGMENT [ 1 ] I am without jurisdiction to hear you motion seeking leave to appeal from a final judgment of the Superior Court dismissing your proceedings for the following two reasons. [ 2 ] First, the judgment for which leave is sought was rendered on October 21, 2011 and you acknowledge having taking cognizance of it on October 24, 2011.

However your motion for leave was filed with the clerk's office only on January 23, 2012, i.e. three months after the judgment of the Superior Court was rendered. [ 3 ] Second, it is not a case where leave to appeal is required. Considering the conclusions sought before the Superior Court, the proper procedure was an inscription in appeal, which, I understand, you have filed only on January 23, 2012. It seems to be irregular and urge you to seek legal advice. [ 4 ] FOR THESE REASONS , your motion is DISMISSED with costs. PIERRE J. DALPHOND, J.A.