M.P. c. Ricci, Teasdale, huissiers de justice inc. 2023 QCCA 112 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030276-224 ( 500-22-253710-191 ) MINUTES OF HEARING DATE: January 27, 2023 THE HONOURABLE FRÉDÉRIC BACHAND, J.A. APPLICANT M. P. ABSENT AND Unrepresented RESPONDENT COUNSEL Ricci, Teasdale, Huissiers de justice inc. Mtre Sylvain Racette ( Bélanger, Sauvé ) Absent IMPLEADED PARTIES S. I. ABSENT AND unrepresented E. H. Absent and unrepresented DESCRIPTION: Application for leave to appeal from a judgment rendered on September 30, 2022 , by the Honourable David L.

Cameron of the Court of Québec , District of Montréal . Clerk at the hearing : Ariane Simard-Trudel Courtroom: RC-18 HEARING

Continuation of the hearing held on January 26, 2023. The parties were excused from appearing in Court. BY THE JUDGE : Judgment – see page 3. Ariane Simard-Trudel, Clerk at the hearing JUDGMENT [ 1 ] This is an application for leave to appeal from a judgment of the Court of Québec, Civil Division, [1] summarily dismissing the applicant’s action against the respondent on the ground that it constitutes an abuse of procedure within the meaning of

article 51 C.C.P. [ 2 ] Leave to appeal is required for two reasons: the value of the subject matter of the dispute in appeal is less than $60,000 (article 30 para. 2(1) C.C.P. ) and the application relates to a judgment dismissing a judicial application because of its abusive nature (article 30 para. 2(3) C.C.P. ). [ 3 ] The applicant has not convinced me that leave to appeal ought to be granted. His grounds of appeal, most of which take issue with findings of fact or of mixed fact and law made in the judgment below, do not raise any question warranting the Court’s attention as contemplated by

article 30 para. 3 C.C.P. [2] and the cases relating thereto. [3] Moreover, this is not a case where the judgment below contains an apparent weakness leading to a risk of a denial of justice which, by and of itself, would justify the Court’s intervention. [4] FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] DISMISSES the application for leave to appeal, with legal costs. FRÉDÉRIC BACHAND, J.A.