2013 QCCA 1385, 2013 QCCA 1385

Wheeler c. Mercier 2013 QCCA 1385 COURT OF APPEAL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTREAL No: 500-09-022886-121 (500-22-169927-103) MINUTES OF THE HEARING DATE: July 31, 2013 THE HONOURABLE MR JUSTICE FRANÇOIS DOYON, J.A. PETITIONER JOHN WHEELER Absent RESPONDENT ATTORNEY DANIEL MERCIER Mtre Joanie Poirier GREENSPOON PERREAULT, SENCRL MOTION TO DISMISS THE APPEAL Clerk : Asma Berrak Courtroom : RC.18

HEARING 10 h 44: Beginning of the hearing. 10 h 44: Mr. Wheeler is absent. 10 h 44: Conversation between the judge and Mtre Poirier. 10 h 45: Judgment - see page 3. For reason that will be included in the minutes of the hearing, the appeal is dismissed without costs. 10 h 46: Conclusion of the hearing. Asma Berrak Clerk JUDGMENT [ 1 ] I am seized with a motion to dismiss the appeal based on the appellant's failure to file a written appearance following his former counsel's withdrawal from the file.

The failure to appear took place even though the appellant had been ordered to do so . [ 2 ] On June 12, 2013, I ordered the appellant to be served with a copy of the minutes of the hearing held that day and consequently I postponed the present motion to July 31 so that the appellant could file a written appearance in the meantime.

He did not. [ 3 ] Moreover, the Clerk of the Court was unsuccessful in attempting to serve the appellant with a copy of the minutes because he moved without providing the Court with his new address or his new fax number. [ 4 ] For these reasons, in accordance with articles 251 and 509 C.C.P., the appeal is dismissed, without costs. FRANÇOIS DOYON, J.A.