2012 QCCA 1479, 2012 QCCA 1479

Liu c. McGill University 2012 QCCA 1479 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022493-126 ( 500-17-066381-115 ) MINUTES OF THE HEARING DATE: August 7, 2012 CORAM: THE HONOURABLE RICHARD WAGNER, J.A. JACQUES R. FOURNIER, J.A. CLÉMENT GASCON, J.A. APPELLANT JISHENG LIU Absent RESPONDENT ATTORNEY McGILL UNIVERSITY Mtre Nathalie Gagnon McCARTHY TÉTRAULT

Motion to Dismiss the appeal from a judgment rendered on February 13, 2012 by the Honourable Madam Justice Carole Therrien of the Superior Court, District of Montreal. Appellant's Motion for Recusation of Honourable Judges Léger and Gascon of Court of Appeal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING Joint hearing of the motions in the files 500-09-022352-124 and 500-09-022493-126. 9 h 38 Beginning of the hearing. Panel of the Court: Mr. Justice Jacques A. Léger, Mr. Justice Jacques R. Fournier, Mr. Justice Clément Gascon. Mr.

Liu is and Mtre Gagnon are present in person. 9 h 38 Representations by Mtre Gagnon. She intends to produce a Motion Requesting a Stay of Proceedings and to Declare the Appellant a Querulous Litigant. Mtre Gagnon and Mr. Liu are requested by the Court to come back at 2 h 00 p.m for the hearing of the motions. 9 h 44 Recess. 14 h 16 Resumption of the hearing. Panel of the Court: Mr. Justice Richard Wagner, Mr. Justice Jacques R. Fournier, Mr. Justice Clément Gascon. 14 h 16 Mr. Liu is absent this afternoon. 14 h 16 Representations by Me Gagnon. 14 h 21 Judgment on the Motion for the Recusation of Mr.

Justice Clément Gascon : see next page. 14 h 23 Submission by Mtre Gagnon on the Motion to Dismiss the Appeal. 14 h 26 By the Court: judgment on the Motion to Dismiss the Appeal: see next page. 14 h 31 Recess 14 h 38 Resumption of the hearing. 14 h 43 By the Court: judgment on the Motion to Suspend Proceedings and the Motion in Revocation - see next page. By the Court : the Motion Requesting a Stay of Proceedings and to Declare the Appellant a Querulous Litigant is postponed to September 10, 2012. Mtre Gagnon will serve on the Appellant a notice of presentation for a hearing on September 10, 2012.

Robert Osadchuck, clerk. BY THE COURT JUDGMENT On the Motion for Recusation of Mr. Justice Clément Gascon : [ 1 ] Mr. Liu presents a motion for my recusation and submits that I should recuse myself from the hearing because I am a graduate of the Faculty of Law of McGill and that "[I am] related or allied within the degree of cousin-german inclusively to McGill". McGill University is one of the parties involved in this case. [ 2 ] This ground of recusation is frivolous, to put it mildly. It is obvious that it does not constitute a sufficient ground for my recusation.

FOR THESE REASONS : [ 3 ] The motion is DISMISSED , with costs. CLÉMENT GASCON, J.A. On the Motion to Dismiss the Appeal : [ 4 ] McGill University presents a Motion to Dismiss Mr. Liu's appeal from a judgment of Therrien J. of the Superior Court, District of Montreal, dated February 13, 2012. [ 5 ] This judgment dismissed Mr. Liu's Motion for Revocation of another judgment, this time of Dugré J. of the Superior Court, dated October 21, 2011. [ 6 ] Mr.

Liu's Inscription in Appeal, Motion for Leave to Appeal and Motion for Special Leave to Appeal from that judgment of Dugré J. have all been dismissed by the Court on March 13, 2012. [ 7 ] McGill University contends that Mr. Liu's appeal has no reasonable chance of success and is improper, frivolous and ill-founded on its face. Although duly advised this morning that this motion would be heard at 2h00 p.m., Mr. Liu elected not to show up to make representations. [ 8 ] We unanimously agree with McGill University contentions. [ 9 ] Mr.

Liu's Inscription in Appeal does not disclose any reasonable basis of appeal of Therrien J. judgment. The appeal is manifestly without merit. [ 10 ] Therrien J. correctly noted and concluded that Mr. Liu's Motion in Revocation of Judgment was unfounded. Dugré J. judgment was not rendered as a result of a default to appear or to plead. To the contrary, Mr. Liu was present, argued and was heard before Dugré J. [ 11 ] In addition, as shown by the numerous steps that Mr.

Liu took without success to appeal to this Court, there was a useful recourse available to him against Dugré J. judgment. [ 12 ] Accordingly, his appeal from Therrien J. judgment has clearly no reasonable chance of success. It should therefore be dismissed forthwith. FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the Motion to Dismiss the Appeal, with costs; [ 14 ] DISMISSES the appeal, with costs.

RICHARD WAGNER, J.A. JACQUES R. FOURNIER, J.A. CLÉMENT GASCON, J.A.