2013 QCCA 1555, 2013 QCCA 1555
Opinion
Pinto c. Bronfman Jewish Education Center 2013 QCCA 1555 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021949-110 ( 500-17-038884-071 ) MINUTES OF THE HEARING DATE: September 9, 2013 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. ALLAN R. HILTON, J.A. JACQUES A. LÉGER, J.A. APPELLANT ATTORNEY YEHUDA PINTO Mtre Jean-Faustin Badimboli DJB RESPONDENTS ATTORNEYS BRONFMAN JEWISH EDUCATION CENTRE FEDERATION CJA TAL AM INC. TOVA SHIMON SHLOMO SHIMON Mtre Emma Lambert Mtre Mathieu Bouchard IRVING MITCHELL KALICHMAN
Appellant's motion for permission to adduce an indispensable new evidence Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9 h 45 Beginning of the hearing. 9 h 45 Submissions by Mtre Badimboli. 10 h 01 Recess. 10 h 07 Resumption of the hearing. 10 h 07 By the Court: judgment – see next page.
Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The conditions for allowing the production of new evidence on appeal are well known and require inter alia that the evidence be indispensable, by which it is meant that it presents a real possibility of changing the outcome of the proceedings on appeal. [ 2 ] The evidence at issue here is circumstantial, self-serving and, at the very most, might have reinforced the credibility of the appellant whom the trial judge found significantly less credible than the representatives of the respondent. [ 3 ] As such, therefore, it is not evidence which meets the conditions of
article 509 C.C.P. FOR THESE REASONS, THE COURT : [ 4 ] DISMISSES the motion, with costs. YVES-MARIE MORISSETTE, J.A. ALLAN R. HILTON, J.A.
JACQUES A. LÉGER, J.A.
Loading document…