2021 QCCA 1920, 2021 QCCA 1920

Kinlock c. Jetté 2021 QCCA 1920 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029737-210 (500-17-111385-202) DATE: December 21, 2021 BEFORE THE HONOURABLE GUY COURNOYER, J.A. MICHAEL KINLOCK APPLICANT – Plaintiff v. MATHIEU JETTÉ ÉTIENNE BORDELEAU FRANÇOIS PAULIN McGILL UNIVERSITY HEALTH CENTER RESPONDENTS – Defendants JUDGMENT [ 1 ] Mr.

Kinlock seeks to appeal a judgment rendered on September 20, 2021 [1] by the Superior Court, district of Montreal (The Honorable Pierre Nollet) which dismissed his application to annul a transaction and order damages, declared that his application was abusive, ordered him to pay to respondent MUHC, $5,000 in damages plus interest and legal indemnity from the date of this judgment with legal costs. [ 2 ] The petitioner was seeking to annul a transaction concluded on December 8, 2017. [ 3 ] He also sought « $ 8,882,500 in moral damages, $ 150,000 in various disbursements, fees and losses (material damages), $ 900,000 in punitive damages for malicious, vindictive, high handed, harsh and beyond extreme actions of MUHC as well as $20,000,000 in damages for civil conspiracy » [2] . [ 4 ] The judgment may only be appealed with leave:

article 30 para. 2(3) C.C.P. [3] where “the matter at issue is one that should be submitted to that Court, for example because it involves a question of principle, a new issue or an issue of law that has given rise to conflicting judicial decisions”. [ 5 ] None of the applicable criteria are met and the proposed appeal has no reasonable chance of success [4] . FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] DISMISSES the application for leave to appeal, with costs. GUY COURNOYER, J.A. Mr. Michael Kinlock Unrepresented Mtre Stéphanie Gascon BORDEN LADNER GERVAIS For the Respondents Date of hearing: December 3, 2021