2011 QCCA 2205, 2011 QCCA 2205
Opinion
Fabrikant c. Swamy 2011 QCCA 2205 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021605-118 ( 500-05-006680-928 ) MINUTES OF THE HEARING DATE: November 28, 2011 CORAM: THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. MARC BEAUREGARD, J.A. FRANÇOIS DOYON, J.A. APPELLANT VALERY FABRIKANT Representing himself RESPONDENTS ATTORNEYS M.N.S. SWAMY G.D. XISTRIS S.V. HOA T.S. SANKAR S. SANKAR Mtre Kristian Brabander Mtre Jean-François Lehoux McCARTHY TETRAULT Mtre Roger Judd, Jr.
IMPLEADED PARTIES ATTORNEY N. PAQUETTE, Warden Archambault Jail (on the first motion for contempt of Court) L. GIORDANO, Acting Warden Archambault Jail (on the second motion for contempt of Court) Mtre Jacques Savary Motion to Dismiss the Appeal from a judgment rendered on March 25, 2011 by Chief Justice François Rolland, of the Superior Court, District of Montreal. Two Motions for Special Rule to Appear Against Accusation for Contempt of Court. Motion for recusation of Nicole Duval Hesler, Marc Beauregard and François Doyon J.J.
Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault (videoconference) HEARING Mr. Fabrikant is present by way of videoconference. 14 h 12 Representations by Mr. Fabrikant on the issue of recusation. 14 h 15 By the Court: Appellant's motion for recusation of Duval Hesler, Beauregard and Doyon j.j. is denied. 14 h 21 Submission by Mtre Brabander. 14 h 32 Submission by Mtre Judd, Jr. 14 h 34 Reply by Mr. Fabrikant. 14 h 51 Recess 14 h 57 Resumption of the hearing. 14 h 57 By the Court: judgment – see next page. Robert Osadchuck Clerk
BY THE COURT JUDGMENT [ 1 ] On the Motion to Dismiss the Appeal, we are unanimously of the opinion that the appeal is doomed to fail. [ 2 ] For this reason, the Motion to Dismiss the Appeal is granted, without costs and the appeal is dismissed, without costs. [ 3 ] The Motions for Contempt of Court are obviously without merit and are dismissed without costs. [ 4 ] All other applications by Mr. Fabrikant become without object and are dismissed without costs. [ 5 ] No further proceedings of any kind may be filed by Mr.
Fabrikant before the Court without written leave of the Chief Justice of Quebec or of a judge specifically designated by her. NICOLE DUVAL HESLER, C.J.Q. MARC BEAUREGARD, J.A. FRANÇOIS DOYON, J.A.
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