2016 QCCA 503, 2016 QCCA 503

De Barros c. Disciplinary Council of The Chambre des notaires du Québec 2016 QCCA 503 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025871-161 (500-17-090467-153) MINUTES OF THE HEARING DATE: March 15, 2016 THE HONOURABLE FRANÇOIS DOYON, J.A. PETITIONER ATTORNEY RICARDO DE BARROS Mtre LIONEL ROSSDEUTSCHER (Lionel Rossdeutscher & Associé

s) RESPONDENTS ATTORNEYS DISCIPLINARY COUNCIL OF THE “cHAMBRE DES NOTAIRES DU QUÉBEC” ANNICK NORMANDIN Mtre MARIE-CLAUDE SARRAZIN Mtre FRANÇOIS LE MOINE (Sarrazin Plourde s.a.) DESCRIPTION: Application for leave to appeal from a judgment in the Course of a Proceeding rendered on January 6, 2016 by Madam Justice Claudine Roy of the Superior Court, district of Montreal Clerk: Shirley Thomas Courtroom: RC-18

HEARING 10 :22 Beginning of the hearing. The motion is contested. 10 :23 Exchange between the Judge and Mtre Rossdeutscher. 10 :25 Representations by Mtre Rossdeutscher. 10 :44 Representations by Mtre Sarrazin. She files the list of authorities of the Respondent Annick Normandin. 10 :50 Reply by Mtre Rossdeutscher. 10 :55 Intervention by Mtre Sarrazin and exchange between the Judge and Mtre Sarrazin. 10 :57 Intervention by Mtre Rossdeutscher. 10 :59 Recess. 11 :18 Resumption of the hearing. 11 :19 By the Judge: See Judgment – see page 3. 11 :20 Conclusion of the hearing.

SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] Notwithstanding its title, I am at the opinion that the motion to institute legal proceeding is essentially a motion for judicial review of the decision rendered by the Disciplinary Council on August 21 st 2015. [ 2 ] On January 6 th 2016, the Honourable Madam Justice Claudine Roy decided that no witness would be allowed to testify. [ 3 ] The Petitioner is seeking leave to appeal this decision. [ 4 ] In his motion to institute legal proceeding, the Petitioner specifically stated that “the present issue is a question of pure law”.

In her decision, Madam Justice Roy rightly determined that: “ Le Tribunal pourra trancher la demande de révision judiciaire sans ces témoignages ”. [ 5 ] In this context, I am convinced that this appeal would have no reasonable chance of success and, to this effect, I refer to

article 31 as well as articles 9 and 18 of the N.C.C.P. [ 6 ] For these reasons, the application is dismissed, with legal costs. FRANÇOIS DOYON, J.A.