2013 QCCA 1098, 2013 QCCA 1098

Kuropatwa c. Freedman 2013 QCCA 1098 COUR D'APPEL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-09-023544-133 (500-22-199172-134) MINUTES OF THE HEARING DATE: June 14, 2013 THE HONOURABLE MR JUSTICE FRANÇOIS DOYON, J.A. PETITIONER JARED LANCE KUROPATWA In Person RESPONDENT ATTORNEY IAN FREEDMAN LISA FREEDMAN Mtre Eric Freedman MOTION FOR LEAVE TO APPEAL Clerk : Asma Berrak Court Room : RC.18

HEARING 9 h 42 : Beginning of the hearing. 9 h 42 : Submission by Mr. Kuropatwa. 9 h 45 : Submission by Mtre Freedman. 9 h 55 : Reply by Mr. Kuropatwa. 10 h 20 : Reply by Mtre Freedman. 10 h 23 : Reply by Mr. Kuropatwa. 10 h 24 : Judgment will be pronounce during the day. 10 h 24 : Reply by Mr. Kuropatwa. 10 h 26 : Suspension of the hearing. 11 h 56 : Resumption of the hearing. 11 h 56 : Judgment-see page 3. 11 h 57 : Conclusion of the hearing.

Asma Berrak Greffière JUDGMENT [ 1 ] In light of the letter dated December 9, 2009, attached to the Motion to institute proceedings, the trial judge was right in concluding that the action was prescribed. [ 2 ] It is obvious that, on that date, the Applicant was aware that the Respondents were refusing to return him the cabinet. [ 3 ] In other words, the action was prescribed by December 9, 2012, more than a month before the Motion to institute proceedings. [ 4 ] Moreover, I am of the opinion that the matter at issue is not one which ought to be submitted to the Court according to

article 26 of the Code of civil procedure. FOR THESE REASONS: [ 5 ] The motion for leave is DENIED , without costs. FRANÇOIS DOYON, J.A.