2011 QCCA 731, 2011 QCCA 731

Karls c. Montreal (City of) 2011 QCCA 731 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021217-104 ( 500-05-073809-020 ) MINUTES OF THE HEARING DATE: April 11, 2011 CORAM: THE HONOURABLE PIERRE J. DALPHOND, J.A. NICOLE DUVAL HESLER, J.A. NICHOLAS KASIRER, J.A. APPELLANT ATTORNEY LUDWIG KARLS Mtre Robert Péloquin RESPONDENT ATTORNEY CITY OF MONTREAL Mtre Chantal Bruyère CHAREST GAGNIER BIRON DAGENAIS ATTORNEY

Motion to dismiss the appeal form a judgment rendered on October 29, 2010 by the Honourable Justice Benoît Emery of the Superior Court, District of Montreal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 12 h 45 Beginning of the hearing 12 h 45 The Court is asking counsel for Appellant to plead first 12 h 45 Argumentation by Mtre Péloquin. 13 h 02 Recess 13 h 17 Resumption of the hearing 13 h 17 By the Court: judgment (see next page). Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Even today, Appellant has nothing to show that would begin to demonstrate that he has a valid right of action against the City of Montreal.

[ 2 ] For all practical purposes, Appellant has been an absentee litigant. In nine years, he has filed not a single exhibit, nor done anything to move his case forward. Even acknowledging that he encountered difficulties in obtaining certain reports from the Respondent, that does not explain his failure to substantiate his claim in any way. Allowing the suit to continue would have been contrary to the principles enunciated in

article 4.1 and following of the Code of Civil Procedure. [ 3 ] In those circumstances, the Superior Court properly exercised its discretion in granting Respondent's Motion to dismiss the action. [ 4 ] For these reasons, the Motion to Dismiss the Appeal is granted, without costs, and the appeal is dismissed, without costs. PIERRE J. DALPHOND, J.A. NICOLE DUVAL HESLER, J.A. NICHOLAS KASIRER, J.A.