2019 QCCA 571, 2019 QCCA 571

Amzallag c. Ville de Sainte-Agathe-des-Monts 2019 QCCA 571 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028142-198 (700-17-009263-129) MINUTES OF THE HEARING DATE: MARCH 11, 2019 THE HONOURABLE STEPHEN W. HAMILTON, J.A.

PETITIONER YAMNA AMZALLAG PERSONALLY RESPONDENT COUNSEL VILLE DE SAINTE-AGATHE-DES-MONTS Mtre CAROLAN VILLENEUVE ( Dunton, Rainville ) DESCRIPTION: Amended application to extend the expiration of the time fixed for instituting a complete inscription in appeal and suspension of the 1 st protocol, in relation to a judgement rendered in the course of the proceedings on January 24, 2019 and transcribed on March 5, 2019 by the Honourable David E. Platts of the Superior Court district of Terrebonne (Art. 356 C.C.P.) Clerk: Alya Elisio Courtroom: RC.18

HEARING 9:34 Commencement of the hearing. Identification of parties. Hearing suspended. 11:43 Resumption of the hearing. Submissions by Mrs. Amzallag. Exchanges between the Judge and Mrs. Amzallag. 11:55 Submissions by Mrs. Amzallag. 11:57 Exchanges between the Judge and Mtre Villeneuve. 11:59 Exchanges between the Judge and Mrs. Amzallag. 12:06 Mtre Villeneuve agrees that new procedures can be served by email. BY THE JUDGE: See judgement page 3. 12:08 Conclusion of the hearing.

Alya Elisio Clerk BY THE JUDGE JUDGMENT [ 1 ] The Appellant filed a Notice of Inscription in Appeal with respect to the judgment rendered on January 24, 2019 by the Superior Court, District of Terrebonne, by the Honourable David E. Platts, which dismissed her application for a provisional injunction. [ 2 ] She filed her Inscription in Appeal on February 4, 2019, within the delay to appeal. [ 3 ] However, the judgment from which she appealed was not a final judgment. As such, she did not have right to appeal under

article 30 C.C.P. , but rather required leave to appeal under

article 31 C.C.P. [ 4 ] She is now outside the delay for filing a motion for leave to appeal and she will have to make a motion to the Court asking for leave to appeal outside the delays. [ 5 ] The parties have agreed to proceed before the Court on March 25, 2019 on the motion for leave to appeal outside the delays.

The Respondent has undertaken that it will not proceed with the demolition of the house before that date. [ 6 ] As a result, the Appellant’s motion to extend the expiration of the time fixed for instituting a complete inscription in appeal is without object and I will therefore dismiss it without costs. THEREFORE, THE UNDERSIGNED: [ 7 ] DISMISSES the Appellant’s Amended application to extend the expiration of the time fixed for instituting a complete inscription in appeal and suspension of the 1st protocol, without costs. stephen w. hamilton , J.A.