2012 QCCA 2259, 2012 QCCA 2259
Opinion
Benssoussan c. Order of Engineers of Quebec 2012 QCCA 2259 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005123-128 MINUTES OF THE HEARING DATE: December 14, 2012 THE HONOURABLE ALLAN R. HILTON, J.A. PETITIONER SIMON BENSSOUSSAN In person RESPONDENT ATTORNEY ORDER OF ENGINEERS OF QUEBEC Mtre Pascal A. Pelletier PETITIONER'S MOTION FOR RECTIFICATION OF JUDGMENTS Clerk: Elena Captari Court Room: RC.18
HEARING 9h37: Commencement of the hearing. Identification of counsel. 9h38: Submissions by Mr. Benssoussan. 10h13: Submissions by Mtre Pelletier. 10h15: Reply by Mr. Benssoussan. 10h21: See judgment on page 3. Elena Captari Clerk JUDGMENT [ 1 ] The applicant seeks the rectification of a judgment I rendered on October 30, 2012 by which I dismissed his motion for leave to appeal a series of interlocutory judgments rendered prior to the trial of a penal prosecution against him. [ 2 ] The first rectification sought is to change reference to the
section under the Engineers Act with which the applicant has been charged. Whether or not I misstated the
section number in question, the applicant will be tried on the charges specified in the statements of offence as they have been served on him, and on no others. There is therefore no useful purpose to the proposed rectification. [ 3 ] The second rectification sought requests that I should issue an order that he receive clear copies of all documents within Annex 4 "of which the information has been covered up, thereby revealing the covered-up informations contained within these documents". [ 4 ] I did not inadvertently omit to issue such an order.
I could not do so since I had dismissed the motion for leave to appeal. Even if I had granted leave to appeal, I would have had no jurisdiction to do so. Only the panel of the Court that would have heard the appeal could have issued such an order if it had been concluded that the appeal should be allowed. [ 5 ] It follows that the applicant's motion is totally unfounded. For that reason, it is dismissed with costs. ALLAN R. HILTON, J.A.
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