2013 QCCA 1614, 2013 QCCA 1614
Opinion
Centre Résurrection Église de Dieu c. 6610331 Canada inc. 2013 QCCA 1614 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023857-139 ( 500-17-074175-129 ) MINUTES OF THE HEARING DATE: September 20, 2013 THE HONOURABLE MR. JUSTICE ALLAN R. HILTON PETITIONER COUNSEL CENTRE RÉSURRECTION ÉGLISE DE DIEU Mtre Dominic Bianco MERCADANTE DI PACE RESPONDENT COUNSEL 6610331 CANADA INC. Mtre Bogdan Draghia DRAGHIA AVOCATS INC.
MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON AUGUST 21, 2013 BY THE HONOURABLE MR. JUSTICE BENOÎT EMERY OF THE SUPERIOR COURT, DISTRICT OF MONTREAL Clerk: Annick Nguyen Court Room: RC.18 HEARING 9:56 Commencement of the hearing. 9:57 Submission by Mtre Bianco. 10:07 Comments by Mtre Draghia. Submission by Mtre Bianco. 10:09 Suspension. 10:23 Resumption of the hearing. Submission by Mtre Bianco. 10:29 Submission by Mtre Draghia. 10:32 Rebuttal by Mtre Bianco. 10:34 BY THE JUDGE. Judgment – See page 3.
Annick Nguyen Clerk JUDGMENT [ 1 ] The petitioner seeks leave to appeal a judgment of the Superior Court that dismissed its motion to suspend the holding of a trial in the present matter until a final judgment had been rendered in a separate case in which it is also a defendant in circumstances where there would be a certain overlap in the evidence. [ 2 ] Although the motion satisfies the criterion in paragraph 2 of the first paragraph of
article 29 C.P.P. , there is no question of law proposed that would meet the additional requirement of
article 511 C.P.P. In effect, the motion contains no allegations that would even give rise to that provision being considered. It is not because a party contends that a judgment against which leave is sought is unfounded that the requirements of
article 511 C.C.P are by that fact alone met. Moreover, in this case, it hardly belongs to the Court of Appeal, as a
matter of principle, to become involved in the management of trial dates in the Superior Court. [ 3 ] The motion for leave to appeal is accordingly dismissed , without costs. THE HONOURABLE MR. JUSTICE ALLAN R. HILTON
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