2012 QCCQ 7533, 2012 QCCQ 7533

Jou c. Dollard-des-Ormeaux (Ville de) 2012 QCCQ 7533 COURT OF QUEBEC «Division administrative et d'appel» CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL TOWN OF MONTREAL Civil Division No: 500-80-022369-129 DATE: September 27, 2012 ______________________________________________________________________ BY THE HONOURABLE ARMANDO AZNAR, J.Q.C. ______________________________________________________________________ SHOAOLLAH FARHADI JOU Plaintiff v.

VILLE DE DOLLARD-DES-ORMEAUX Defendant And PROCUREUR GÉNÉRAL DU QUÉBEC Mis-en-cause And COMMISSION D'ACCÈS A L'INFORMATION DU QUÉBEC Mise-en-cause ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Plaintiff seeks leave to appeal from an interlocutory decision rendered on April 12, 2012 by administrative judge Lina Desbiens of La Commission d'Accès à l'Information (La Commission). [ 2 ] According to the minutes of the hearing that took place before La Commission on April 23, 2012, on April 12, 2012, in the presence of Plaintiff, La Commission decided: '' During the hearing, you have the right to address the Commission in French or in English.

However, if you wish to use the services of an interpreter, it is up to you to request these services and you would have to assume the costs. '' [ 3 ] Before La Commission, for the purposes of a hearing, Plaintiff requested the services of an interpreter free of charge because he had difficulty to speak English and to communicate in writing in English. This request was refused by La Commission in its decision of April 12, 2012.

Plaintiff's leave to appeal concerns this decision. [ 4 ] Although, Plaintiff alleges that he took cognizance of the decision of La Commission on May 22, 2012, the Court record reveals that he in fact took cognizance of the decision at the earliest on April 12, 2012 and at the latest on April 16, 2012 date at which he responded to a letter sent to him by La Commission dated April 12, 2012. [ 5 ] The appeal of the decision rendered by La Commission is governed by articles 147 and 147.1 of the Act respecting access to documents held by public bodies and the Protection of personal information [1] (the Act) which state the following: '' 147.

A person directly interested may bring an appeal from the final decision of the Commission before a judge of the Court of Québec on a question of law or jurisdiction, including an order of the Commission issued following an investigation, or, with leave of a judge of that Court, from an interlocutory decision that will not be remedied by the final decision. 147.1.

The motion for leave to appeal from an interlocutory decision must specify the questions of law or jurisdiction that ought to be examined in appeal and the reason the interlocutory decision will not be remedied by the final decision and, after notice to the parties and to the Commission, be filed in the office of the Court of Québec within 10 days after the date on which the parties receive the Commission's decision. If the motion is granted, the judgment authorizing the appeal serves as a notice of appeal. ''

[ 6 ] The Court record reveals that the motion for leave to appeal of Plaintiff was filed in Court on May 29, 2012 more than one month after the ten day delay stipulated in

article 147.1 of the Act . [ 7 ] At the hearing before this Court, Plaintiff did not credibly explain or justify why the motion for leave to appeal was not filed within the prescribed ten day delay. [ 8 ] Defendant, City of Dollard-des-Ormeaux and the mise en cause, Procureur Général du Québec, request that the motion for leave to appeal be dismissed as it was not filed within the ten days stipulated in

article 147.1 of the Act . [ 9 ] Considering that the motion for leave to appeal of Plaintiff was not filed within the statutory ten day delay, the said motion is dismissed. FOR THE FOREGOING REASONS, THE COURT: DISMISSES Plaintiff's motion for leave to appeal, without costs. __________________________________ ARMANDO AZNAR, J.Q.C. Mr. Shoallah Farhadi Jou (Personally) Me Marc Lalonde (Bélanger, Sauvé) Attorney for Defendant Me Marie-Josée Brunelle ( Desmeules & Associé

s) Attorney for mise-en-cause, Commission d'Accès à l'Information du Québec Me Samuel Chayer ( Direction générale des aff. jur. et légis.) Attorney for mis-en-cause, Procureur Général du Québec Date of hearing: September 18, 2012.