2017 QCCA 1049, 2017 QCCA 1049

M.C. c. L.D. 2017 QCCA 1049 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026742-171 (550-17-008781-153) MINUTES OF THE HEARING DATE: July 5, 2017 THE HONOURABLE NICHOLAS KASIRER, J.A. APPLICANT M. C. IN PERSON RESPONDENT COUNSEL L. D. Mtre Eve Lapointe (Noël et Associés s.e.n.c.r.l.) DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of the proceeding on March 21, 2017 by the Honourable Madam Justice Marie-Josée Bédard of the Superior Court, District of Gatineau (Article 31 C.C.P. ) Clerk: Marie Gamelin Courtroom: RC.18

HEARING 10:18 Commencement of the hearing. Mr. C. has no lawyer and represents himself. The judge addresses Mr. C..10:20 Submissions by Mr. C..10:21 Exchanges between the judge and Mr. C..10:28 Submissions by Mtre Eve Lapointe.10:35 Reply by Mr. C.. Exchanges between the judge and Mr. C..10:38 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing. (

s) Marie GamelinClerk BY THE JUDGE JUDGMENT [1] M. C. seeks leave to appeal from a judgment of the Superior Court, District of Gatineau, (the Honourable Madam JusticeMarie-Josée Bédard), rendered in the course of proceedings relating to a family law dispute on March 21, 2017.

The judge dismissed thepetitioner’s application to have advocates from the law firm Noël and Associates disqualified from representing the respondent. [2] The judge found the petitioner’s numerous allegations of unethical conduct, of relationships of proximity between theadvocates in question and the special clerks and judges acting in the file and instances of supposed unfairness all to be without merit.

In adetailed judgment of over 20 pages, the judge considers each of the various arguments and the evidence advanced to sustain theallegation of inappropriate conduct, including several audio recordings submitted by him. In paragraphs [108] to [112], the judgesummarizes her findings that the allegations of unethical behaviour and reasonable apprehension of bias are “totally unfounded and notsupported by any evidence”. [3] In support of his motion for leave, the petitioner points to several supposed errors made by the judge in her account of the factsleading to her refusal to disqualify the firm.

In particular, he alleges that there existed a reasonable apprehension of bias in that one ormore of the judges called on to decide matters in dispute previously worked for Noël and Associates. *** [4] The application for leave is governed by

article 31 C.C.P. In addition to the prerequisites set forth in paragraph 2 of that article,the petitioner must convince me that it is in the interest of justice to grant leave and that to do so would be in keeping with the principleof proportionality. [5] In the instant case, it is sufficient to say that granting leave would not be in the interests of justice.

In my respectful view, theproposed appeal has no reasonable prospect of success. [6] The petitioner has failed to identify a mistake committed by the judge that could undermine her conclusion that the advocatesrepresenting the respondent should not be disqualified from the case. I would note in particular that the mere fact that a judge involved inthe case worked for Noël and Associates prior to that judge’s appointment to the bench does not, on its own, substantiate a reasonableapprehension of bias here.

The example the petitioner gives concerns a judge who worked for the firm over ten years ago and who hasbeen a judge for the better part of that period. It bears recalling that the impartiality of judges is presumed and that the passage of asignificant amount of time is a factor, often a decisive factor, in concluding against apprehended bias: Wewaykum Indian Band v.Canada, 2003 SCC 45 , [2003] 2 SCR 259, esp. para. 85. [7] As for the other supposed errors made by the judge, the petitioner has not convinced me that they are at all relevant to her

finding on disqualification. [ 8 ] I propose to follow the lead of the motion judge and award no costs. FOR THE FOREGOING REASONS , THE UNDERSIGNED: [ 9 ] DISMISSES the application for leave to appeal, without costs. NICHOLAS KASIRER, J.A.