2023 QCCA 281, 2023 QCCA 281
Opinion
Asaduzzaman c. Leonard 2023 QCCA 281 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030315-220 ( 500-17-118719-213 ) MINUTES OF HEARING DATE: February 24, 2023 THE HONOURABLE GUY COURNOYER, J.A. APPELLANTS Rutsum Asaduzzaman Peter Michalakopoulos PRESENT AND Unrepresented RESPONDENTS COUNSEL Caroline Leonard Cardinal Leonard Denis Avocats S.N. Me LAURENCE GAUTHIER (Robinson Sheppard Shapiro) By videoconference Antoine Van aUDENRODE dAVID bANON sPIEGLER sOHMER INC. Me PETER JOSEPH MORAITIS (Lapointe Rosenstein Marchand Melançon) By videoconference jEAN-frANÇOIS bEAUDET otmg huissiers de justice inc. Me MARJORIE MARCHAND (Bélanger, Sauvé) By videoconference
DESCRIPTION: Application for leave to appeal from a judgment terminating the proceeding rendered on November 2, 2022, by the Honourable Jannick Perreault of the Superior Court , District of Montréal [1] . (Articles 30, 31 and 357 and ss. C.C.P .) Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING 9:42 Commencement of the hearing. Identification of parties. Preliminary remarks by the judge. 9:44 Discussion between the judge and M. Michalakopoulos. 9:50 Submissions by M. Asaduzzaman. 10:00 Submissions by M. Michalakopoulos. Discussion between the judge and M.
Michalakopoulos. 10:09 Submissions by Mtre Moraitis. Discussion between the judge and the counsel. 10:19 M. Michalakopoulos resumes his submissions. Discussion between the judge and M. Michalakopoulos concerning the discontinuance of the application for leave to appeal. The judge asks the applicant if the motion should be deferred to the Court. 10:25 Recess of the hearing. 10:36 Resumption of the hearing. Discussion between the judge and the counsel concerning the legal cost. 10:38 BY THE JUDGE : Judgement – see page 4. Conclusion of the hearing.
Ariane Simard-Trudel, Clerk at the hearing JUDGMENT [ 1 ] After a short break, the petitioners informed me that they wish to discontinue their application because they are of the view that they have an appeal as of right. THEREFORE, THE UNDERSIGNED: [ 2 ] TAKES NOTE of the discontinuance of the petitioners’ application. [ 3 ] LEGAL COSTS to follow.
GUY COURNOYER, J.A.
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