2017 QCCA 246, 2017 QCCA 246

Protection de la jeunesse — 17306 2017 QCCA 246 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-08-000507-170 (525-41-027734-136, 525-41-027735-133) MINUTES OF THE HEARING DATE: February 13, 2017 CORAM: THE HONOURABLE JULIE DUTIL , J.A. MANON SAVARD , J.A. PATRICK HEALY , J.A. APPLICANT A In person RESPONDENT COUNSEL directRICE de la protection de la jeunesse Mtre SANDRA GILL (Les Centres Jeunesse de Montréal) IMPLEADED PARTY B In person DESCRIPTION : Application for extension of delay and for leave to appeal from a judgment rendered on November 10, 2016 by the Honourable Carole Brosseau of the Court of Quebec, Youth Division, District of Montreal

Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 12:47 Commencement of the hearing. Identification of counsel. 12:47 Representations by the mother. 12:50 The Court addresses to Mtre Gill. 12:58 Recess. 13:45 Resumption of the hearing. 13:47 Submissions by Mr. A. 13:58 Recess. 14:04 Resumption of the hearing. 14:04 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] We are all of the view that the Motion for leave to appeal should be dismissed, even assuming that

article 31 C.C.P . applies. [ 2 ] The judge explained very well the reasons for which she dismissed the Motion for recusal. It appears from the grounds of appeal that the petitioner feared that he would not succeed in his case. This fear is entirely different from any question of bias in the judge. FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES the Motion, without legal costs. JULIE DUTIL, J.A. MANON SAVARD, J.A. PATRICK HEALY, J.A.