Huang c. Shui 2015 QCCA 495 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025061-151 (500-22-204967-130) MINUTES OF HEARING DATE: March 12, 2015 THE HONOURABLE YVES-MARIE MORISSETTE, J.A. PETITIONER COUNSEL XIAO MING HUANG Mtre Jean El masri (El Masri Avocat Inc.) RESPONDENT COUNSEL LIU CHUN SHUI Mtre ELIO CERUNDOLO (Cerundolo & Maiorino) DESCRIPTION: Motion for leave to appeal from a judgment rendered by the Honourable Madame justice Nathalie Chalifour of the Quebec Court, district of Montreal. (Article 26(1), 494 C.C.P .) Clerk: Asma Berrak Courtroom: RC-18

HEARING 9:49 Commencement of the hearing. Identification of counsel. Discussion between the Judge and Mtre El Masri. 9:51 Submission by Mtre El Masri. 10:02 Submission by Mtre Cerundolo. 10:08 Reply by Mtre El Masri. Suspension of hearing. 10:22 Resumption of hearing. Judgment-see page 3. 10:24 Conclusion of the hearing.

Asma Berrak Clerk BY THE JUDGE JUDGMENT [ 1 ] It is apparent from the judgment of January 26, 2015 in the Cour du Québec that the trial judge had ample evidence to conclude that both of fourth and the third criteria of Nelles v .Ontario [1] were met in this instance. [ 2 ] To suggest that this conclusion was open to question, or indeed was even incorrect. because in the criminal trial of the plaintiff in the Municipal Court which resulted in his acquittal, the judge stated that she considered the version of the accused and of the complainant equally plausible is to conflate the criminal and the civil proceedings, which assuredly cannot be the effect of Nelles . [ 3 ] That is probably the reason why the novel question which the petitioner wishes to raise on appeal apparently never arose before.

It simply cannot arise in the terms advanced here by the petitioner. FOR THESE REASONS : [ 4 ] The motion for leave to appeal is DISMISSED with cost. YVES-MARIE MORISSETTE , J.A.