Lubecki c. Granby (Ville de) 2016 QCCA 34 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025676-156 (460-17-002093-151) MINUTES OF THE HEARING DATE: January 11, 2016 CORAM: THE HONOURABLE yves-marie morissette , J.A. guy gagnon , J.A. martin vauclair , J.A. APPELLANT WILLIAM JOHN LEOPOLD (MINER) LUBECKI In person RESPONDENT ATTORNEY VILLE DE GRANBY Mtre VANESSA GRAVEL (Normandin Gravel Rhéaume, Avocats inc.) On appeal from a judgment rendered on September 24, 2015 by the Honourable Justice Claude Villeneuve of the Superior Court, District of Bedford.

DESCRIPTION : Motion to Dismiss the Appeal Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:41 Commencement of the hearing. Identification of counsel. 9:41 Submissions by Mtre Gravel. 9:43 Submissions by Mr. Lubecki. 10:03 Reply by Mtre Gravel. 10:04 Recess. 10:13 Resumption of the hearing. 10:13 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Leave to appeal being a prerequisite for an appeal governed by

section 44.2 of the Expropriation Act , this appeal was irregularly filed and the appellant does not ask the Court for a special leave pursuant to

article 363 of the new Code of Civil Procedure . [ 2 ] Furthermore, all the grounds raised by the appellant go to the suitability, as a matter of an administrative and public expediency, of the respondent’s decision, as opposed to the legality of the expropriation, and the only remaining issues between the parties fall within the jurisdiction of the Tribunal administratif du Québec. [ 3 ] The appeal as lodged was improperly initiated and, in addition, has no reasonable chance of success. FOR THESE REASONS, THE COURT: [ 4 ] GRANTS the motion to dismiss the appeal, with legal costs; [ 5 ] DISMISSES the appeal, with legal costs. yves-marie morissette, J.A. guy gagnon, J.A.

martin vauclair, J.A.