2010 QCCA 2099, 2010 QCCA 2099
Opinion
Polyzos c. Kostopoulos (Succession de) 2010 QCCA 2099 COURT OF APPEAL CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-09-021106-109 ( 500-17-034417-066 ) MINUTES OF THE HEARING DATE: November 18, 2010 THE HONOURABLE NICOLE DUVAL HESLER, J.A. PETITIONER ATTORNEY NICHOLAS POLYZOS Mtre Vassilios Giannis BOUCHER HARPER RESPONDENT ATTORNEY IRENE JONAS, es qualité Liquidator of the Estate of the Late Panagiotis Kostopoulos Mtre Virginie Paquet ANGELOPOULOS KIRIAZIS
MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON SEPTEMBER 29, 2010 BY THE HON. MARIE-CHRISTINE LABERGE OF THE SUPERIOR COURT DISTRICT OF MONTREAL Clerk: Annick Nguyen Court Room: RC.18 HEARING 10:03 Commencement of the hearing. Submission by Mtre Giannis. 10:12 The judge doesn’t need to hear the respondent. BY THE JUDGE. Judgment – See page 3.
Annick Nguyen Clerk JUDGMENT [ 1 ] I find that the judgment could only be reversed by overturning findings of facts and credibility and that the Petitioner has failed to show me that those findings would contain a palpable and overriding error. [ 2 ] The role of a Court of Appeal is not to reassess the entirety of the evidence. The judgment not being subject to appeal without leave, the conditions of
article 26 C.P.P. must be met. I find that they are not. [ 3 ] FOR THESE REASONS, the motion for leave to appeal is DISMISSED with costs.
NICOLE DUVAL HESLER, J.A.
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