2017 QCCA 2022, 2017 QCCA 2022
Opinion
Fuoco c. Métayer 2017 QCCA 2022 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027192-178 (500-02-225210-173) MINUTES OF THE HEARING DATE: December 11, 2017 THE HONOURABLE MARTIN VAUCLAIR, J.A. PETITIONER LEO FUOCO IN PERSON RESPONDENT DJERY MÉTAYER ABSENT AND NOT REPRESENTED DESCRIPTION: Application for leave to appeal from a judgment rendered on November 8, 2017 by the Honourable Yves Hamel of the Quebec Court, District of Montreal. (Art. 30 al. 2 and 357 C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC.18 HEARING
11:52 Beginning of the hearing. The Respondent, Djery Métayer is absent and not represented, either. Exchanges between the Judge and the Petitioner, Leo Fuoco. 11:54 Submission by Mr Fuoco. 12:18 Recess. 12:26 Resumption of the hearing. BY THE JUDGE : Judgment – see page 3. 12:28 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Mr. Fuoco seeks leave to appeal from a judgment of the Court of Quebec, Civil Division, District of Montreal (the Honourable Mr.
Justice Yves Hamel), rendered on November 8, 2017, which dismissed his motion to transfer the file from the Court of Quebec, Civil Division, to the Court of Quebec, Small Claims Division. [ 2 ] That judgment, however, is the second judgment of the Court of Quebec, Civil Division, on the same issue, in the same court file. On October 20, 2017, Mr. Fuoco had requested the same transfer and the Honourable Mr. Justice Henri Richard refused. [ 3 ] The motion of Mr. Fuoco is dated November 27, 2017. Pursuant to
article 360 of Code of Civil Procedure , CQLR c C-25.01 ( C.C.P .), Mr. Fuoco was required to file his motion for leave to appeal within 30 days after the date of the judgment that was rendered at the hearing on October 20, 2017. Further,
article 363 C.C.P . provides that “time limits for appeal are strict time limits, and the right to appeal is forfeited on their expiry”. Consequently, the delay to appeal has elapsed. [ 4 ] For that reason, the motion is DENIED , without judicial costs considering the circumstances. MARTIN VAUCLAIR , J.A.
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