P.N. c. Barreau du Québec 2013 QCCA 173 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023028-129 ( 500-05-081557-116 ) MINUTES OF THE HEARING DATE: January 30, 2013 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. ALLAN R. HILTON, J.A. MARIE ST-PIERRE, J.A. APPELLANT P. N. Personally (via conference call) RESPONDENTS ATTORNEY BARREAU DU QUÉBEC Mtre DANIEL MANDRON Mtre CAROLENA GORDON THE HONOURABLE PIERRE BÉLIVEAU Mtre Carolena Gordon (via conference call) CLYDE & CO Mis en cause ATTORNEY

THE MINISTER OF JUSTICE OF QUEBEC Motion by the Respondents Barreau du Québec, Mtre Daniel Mandron and Mtre Carolena Gordon to dismiss the appeal from two judgments rendered on August 27, 2012 and September 6, 2012 by the Honourable Justice Pierre Béliveau of the Superior Court, District of Montreal. Clerk: Robert Osadchuck Courtroom: ———————————————— HEARING 13 h 55 Beginning of the hearing by way of conference call. 13 h 55 Submission by Mtre Gordon. 14 h 05 Submission by Mr. N. 14 h 15 By the Court: judgement – see next page. Robert Osadchuck Clerk

BY THE COURT JUDGMENT [ 1 ] Judgments dismissing an action because of its improper nature can only be appealed with leave and pursuant to subparagraph 4.1 of the second paragraph of

article 26 of the Code of Civil Procedure. Under subparagraph 1 of the first paragraph of the same article, leave is also needed to appeal from any final judgment of the Superior Court or the Court of Québec where the value of the object of the dispute in appeal is less than $50,000. [ 2 ] The appellant filed a single inscription in appeal against a judgment which dismissed his action because of its improper nature and against a second judgment which ordered him to pay $2,500 in punitive damages to the respondent the Bar of Quebec. Leave to appeal was needed in both cases and was sought in neither.

WHEREFORE, THE COURT: [ 3 ] GRANTS the Motion to Dismiss the appeal, without costs; [ 4 ] DISMISSES the appeal, without costs. YVES-MARIE MORISSETTE, J.A. ALLAN R. HILTON, J.A. MARIE ST-PIERRE, J.A.