2018 QCCA 849, 2018 QCCA 849

Teixera c. Fuentes 2018 QCCA 849 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027510-189 (500-22-240699-176) MINUTES OF THE HEARING DATE: May 29, 2018 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. PETITIONER COUNSEL ARMENIA TEIXERA IN PERSON RESPONDENT COUNSEL CARLOS FUENTES IN PERSON DESCRIPTION: Application for leave to appeal from a judgment terminating the proceedings rendered on April 16, 2018 by the Honourable Jeffrey Edwards of the Quebec Court, District of Montreal. (Section 30 para. 2, 357 C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC.18 HEARING

11:34 Commencement of the hearing. Submissions by Mtre Armenia Teixera. 11:56 The Judge exempts the Respondent Carlos Fuentes from pleading. JUDGMENT – See page 3. 11:58 End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] I am tasked with the adjudication of an Application for leave to appeal from a judgment rendered on April 16, 2018 by the Court of Québec of the Montréal District (the honorable Jeffrey Edwards) which, further to an application for revocation of a judgment rendered by default, granted a stay of execution of this judgment, restored the parties to their former state and ordered the parties to file a case protocol within 30 days, with legal costs to follow; [ 2 ] Contrary to the applicant’s allegations, said judgment is not contemplated by

article 30 CCP as it does not terminate the proceeding; it is the first of a two-step process, whereby the Court received the revocation upon examination of the circumstances, the seriousness of the reasons invoked and grounds of defence, leaving the adjudication of the merits of the case to a later date; [ 3 ] This “preparatory” judgment is not covered by

article 31 CCP either. As underlined by my colleague Kasirer in Corporation Capital Cliffton inc c. Jean-Pierre , 2010 QCCA 379 , it does not cause any irremediable injury to the applicant; [ 4 ] This judgment cannot be appealed; THEREFORE, THE UNDERSIGNED: [ 5 ] DISMISSES the application for leave to appeal; [ 6 ] WITH legal costs. GENEVIÈVE MARCOTTE , J.A.