2011 QCCA 174, 2011 QCCA 174
Opinion
Jiang c. Chartier 2011 QCCA 174 COURT OF APPEAL CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-09-021275-102 ( 500-17-060359-109 ) MINUTES OF THE HEARING DATE: January 21, 2011 THE HONOURABLE YVES-MARIE MORISSETTE, J.A. PETITIONER ATTORNEY HONG JIANG Personally RESPONDENT ATTORNEY PIERRE CHARTIER Mtre Jay Turner OIKNINE & ASSOCIÉS MIS EN CAUSE ATTORNEY XUE JUN LI L’OFFICIER DE LA PUBLICITÉ DES DROITS DE LA CIRCONSCRIPTION FONCIÈRE DE MONTRÉAL Personally
MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON DECEMBER 16, 2010 BY THE HON. LOUIS LACOURSIÈRE OF THE SUPERIOR COURT DISTRICT OF MONTREAL Clerk: Annick Nguyen Court Room: RC.18 HEARING 10:47 Commencement of the hearing. 10:48 Explanations of Mtre Turner. 10:51 Submission by Mr. Xue Jun Li. 10:56 Submission by Mtre Turner. 11:03 Reply by Mr. Xue Jun Li. 11:06 Suspension. 11:12 Resumption of the hearing. BY THE JUDGE. Judgment – See page 3.
Annick Nguyen Clerk JUDGMENT [ 1 ] The Petitioner, who is unrepresented but is assisted by a relative, brings a Motion for leave to appeal against the judgment of December 16, 2010, which dismissed the Motion to suspend the execution of an earlier judgment of September 20, 2010, confirmed by the Court of Appeal on December 2, 2010. [ 2 ] After the ruling of December 16, 2010, the judgment of September 20, 2010, was actually executed by means of a writ of expulsion.
At this stage, therefore, the issue of suspension of execution has become moot and the motion, which is otherwise without merit, must therefore be dismissed with costs.
YVES-MARIE MORISSETTE, J.A.
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