2012 QCCA 496, 2012 QCCA 496

Liu c. McGill University 2012 QCCA 496 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022352-124 ( 500-17-066381-115 ) MINUTES OF THE HEARING DATE: March 13, 2012 CORAM: THE HONOURABLE JACQUES DUFRESNE, J.A. JACQUES A. LÉGER, J.A. JACQUES VIENS, J.A. (AD HOC) APPELLANT JISHENG LIU In person RESPONDENT ATTORNEY McGILL UNIVERSITY Mtre Nathalie Gagnon McCARTHY TÉTRAULT

Respondent's motion to dismiss the appellant's appeals of the judgment rendered by the Superior Court (the honourable Mr. Justice Gérard Dugré) on October 21, 2011 and of "a judgment to be rendered'' on appellant's proceedings in the Superior Court for the revocation of the latter judgment. Appellant's motion to amend the inscription in appeal. Motion for special leave to appeal judgment rendered by Honourable Mr. Justice Gérard Dugré on October 21, 2011. Clerk: Marc Leblanc Courtroom: Pierre-Basile-Mignault HEARING File continued from March 12, 2012. Judgment rendered – see page 3. Marc Leblanc Clerk

BY THE COURT JUDGMENT In respect of the appellant’s motion for special leave to appeal from the judgment rendered by the Superior Court (the Honorable Mr Justice Gérard Dugré) on October 21, 2011: [ 1 ] This motion fails on the following two grounds. [ 2 ] The appellant observed that his motion for leave to appeal was dismissed by a judge of this Court on November 17, 2011. This date was during the period he could have validly formed an appeal as of right.

This shows that it would not have been impossible for the appellant to act sooner. [ 3 ] Furthermore, and without regard to any procedural considerations, the appeal is manifestly without merit and would necessarily be dismissed, even if leave to appeal were allowed. [ 4 ] For these reasons, the Court : [ 5 ] DISMISSES the appellant’s motion for special leave to appeal from the judgment rendered by the Superior Court (the Honorable Mr Justice Gérard Dugré) on October 21, 2011, with costs.

In respect of the respondent’s motion to dismiss the appellant’s appeals of the judgment rendered by the Superior Court (the honorable Mr Justice Gérard Dugré) on October 21, 2011 and of "a judgment to be rendered" on appellant’s proceedings in the Superior Court for the revocation of the latter judgment: [ 6 ] Firstly, this motion is directed towards the judgment rendered on October 21, 2011 by Mr Justice Gérard Dugré of the Superior Court, for which leave has not been granted.

This part of respondent’s motion to dismiss is accordingly without object. [ 7 ] Secondly, this motion also concerns the appeal of a judgment "to be rendered" on appellant’s pending proceedings to revoke the judgment of October 21, 2011 of the Superior Court. An inscription on appeal cannot be filed against a judgment not yet rendered.

While the judgment in revocation was in fact rendered subsequently to the date of inscription, that inscription remains irregularly formed. [ 8 ] For these reasons, the Court : [ 9 ] GRANTS the respondent’s motion to dismiss the appeal, with costs; and [ 10 ] DISMISSES the appellant’s appeal, with costs. In respect of the appellant’s motion to amend his inscription in appeal: [ 11 ] This motion is now without object and shall be dismissed. [ 12 ] For this reason, the Court : [ 13 ] DISMISSES the appellant’s motion to amend his pending inscription in appeal, without costs. JACQUES DUFRESNE, J.A. JACQUES A.

LÉGER, J.A. JACQUES VIENS, J.A. (AD HOC)