2013 QCCA 1722, 2013 QCCA 1722
Opinion
Minicozzi c. Royal Bank of Canada 2013 QCCA 1722 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023749-138 ( 540-22-018366-129 ) MINUTES OF THE HEARING DATE: October 7, 2013 CORAM: THE HONOURABLE NICHOLAS KASIRER, J.A. JACQUES R. FOURNIER, J.A. DOMINIQUE BÉLANGER, J.A. APPELLANTS ATTORNEY EDOARDO MINICOZZI PASQUA SAVINO In person RESPONDENT ATTORNEY ROYAL BANK OF CANADA Mtre Raymond Boyer Veilleux Avocats S.A.
Motion to dismiss the appeal from a judgment rendered on June 5, 2013 and rectified on July 15, 2013 by the Honourable Judge Annie Breault of the Quebec Court, District of Laval. Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 10 h 05 Submissions by Mtre Raymond Boyer. 10 h 06 Submissions by Mr. Edoardo Minicozzi. 10 h 15 End of arguments. 10 h 15 Suspension. 10 h 18 Resumption. BY THE COURT: Unanimous judgment rendered by the Honourable Justice Nicholas Kasirer, J.A. – see page 3.
Marcelle Desmarais Clerk BY THE COURT JUDGMENT [ 1 ] Assuming without deciding that the inscription in appeal has been filed in a timely manner and that there is no irregularity in the bringing of the appeal, the appeal should nevertheless be dismissed as it has no reasonable chance of success (see paragraph 6 of the respondent's motion to dismiss).
[1] The trial judge cited Meads v. Meads , 2012 ABQB 571 in dismissing the debtors' defence as based on a "organized pseudo-legal commercial argument". The judge also explained, in detail, why the absence of an original of the contract was not fatal to the claim, why the formalities of the Bills of Exchange Act are inapplicable in the circumstances and why the appellants' status as "human beings" does not shield them from the jurisdiction of the courts. The appellants have raised no plausible submission in their inscription in appeal to suggest the judge was mistaken.
All of the remaining arguments on appeal are without foundation in law. FOR THE FOREGOING REASONS, THE COURT: [ 2 ] GRANTS the motion to dismiss the appeal, with costs; [ 3 ] DISMISSES the appeal, with costs. NICHOLAS KASIRER, J.A. JACQUES R. FOURNIER, J.A. DOMINIQUE BÉLANGER, J.A.
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