Gulden c. Martineau 2018 QCCA 715 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027443-183 (500-17-098369-179) MINUTES OF THE HEARING DATE: May 1 st 2018 THE HONOURABLE MANON SAVARD, J.A. PETITIONER COUNSEL NORMAND GULDEN Mtre GORDON SELIG RESPONDENT COUNSEL ERIC MARTINEAU HOSEE JEUDI OFFICE MUNICIPAL D’HABITATION DE MONTRÉAL Mtre MARIE-ÈVE CHARBONNEAU- TRUDEL ( Fonds d’assurance responsabilité professionnelle) Mtre PIERRE-ALEXANDRE BOUCHER (Bélanger Sauvé sencrl) IMPLEADED PARTY COUNSEL RÉGIE DU LOGEMENT Absent DESCRIPTION: Application for leave to appeal from a judgment rendered on March 13 2018, by Kirkland Casgrain of the Superior Court, District of Montreal

Clerk: Elisabeth Lepage Courtroom: RC-18 HEARING 12:18 Commencement of the hearing. Identification of counsel. Exchange between the judge and Mtre Selig concerning the application for leave to appeal 12:26 Representation of Me Charbonneau-Trudel 12:29 Representation of Me Boucher 12:30 Rebuttal by Mtre Selig 12:32 Recess 12:36 Resumption 12:37 BY THE JUDGE: The motion is dismissed. See judgment page 3. 12:39: Conclusion of the hearing. (

s) Elisabeth Lepage Clerk BY THE JUDGE JUDGMENT [ 1 ] Relying on paragraph 2, subparagraph 3 of art. 30 C.C.P. , the applicant seeks leave to appeal from a judgment of the Superior Court (the Honourable Kirkland Casgrain), rendered during the hearing held March 13, 2018, which granted the respondents’ applications for dismissal pursuant to art. 51 C.C.P. and dismissed the applicant’s originating application. [ 2 ] It appears that the applicant has not filed his application for leave to appeal within the 30-day time limit set out at art. 360 C.C.P.

Since judgment was “given at the hearing”, the starting point for the time limit to appeal was March 13, 2018. Being filed on April 18, 2018, the application for leave to appeal was thus filed beyond the prescribed 30-day limit. [ 3 ] This time limit is strict, and failure to respect it results in forfeiture of the right to appeal. Once the time limit has expired, only the Court, not one of its judges, may grant leave to appeal in accordance with the conditions set out at art. 363 C.C.P.

FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] DISMISSES the application for leave to appeal, with legal costs in favour of the respondents. manon savard , J.A.