2022 QCCA 1185, 2022 QCCA 1185
Opinion
A.I. c. S.I. 2022 QCCA 1185 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030082-226 ( 500-14-055652-192 ) (500-17-107338-199) MINUTES OF HEARING DATE: August 29, 2022 CORAM: THE HONOURABLE GUY GAGNON, J.A. PATRICK HEALY, J.A. FRÉDÉRIC BACHAND, J.A. APPLICANT A. I. present and Unrepresented RESPONDENT COUNSEL S. I. Mtre Hélène Guay ( Hélène Guay, avocate ) By videoconference IMPLEADED PARTIES AN. P. PRESENT AND UNREPRESENTED PUBLIC CURATOR OF QUEBEC Me CATHERINE MARIER ( Curateur public du Québec ) By videoconference AL. T.
CIUSSS DE L’EST-DE-L’ÎLE DE MONTRÉAL ABSENT AND UNREPRESENTED DESCRIPTION: Application for authorization to appeal beyond the delay (Articles 356 and 363 C.C.P .).
Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 10:28 Commencement of the hearing. Identification of counsel. 10:28 A. I. presents a verbal motion to postpone the hearing. 10:42 Me Guay opposes to the request to postpone the hearing. 10:49 Reply by A. I.. 10:53 Recess of the hearing. 10:55 Resumption of the hearing. 10:55 The Court dismisses the request to postpone the hearing. 10:57 Submissions by A. I. on the motion for authorization to appeal beyond the delay. 11:05 Recess of the hearing. 11:25 Resumption of the hearing. 11:25 By the Court: judgment – see page 3.
Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] Even assuming that the Applicant acted diligently in respect of the present application, the Court is of the view that the proposed appeal has no reasonable chance of success. [ 2 ] The first instance judgment rests on findings of fact and findings of mixed fact and law, including findings on issues of credibility, which could only be overturned in appeal if shown to be tainted by one or several palpable and overriding errors. [ 3 ] None of the arguments presented by the Applicant show a reasonable possibility that she will succeed in convincing the Court to reverse the judgment on the basis of this stringent standard. [ 4 ] This finding suffice to conclude that the application is ill-founded and must therefore be dismissed.
FOR THESE REASONS, THE COURT: [ 5 ] DISMISSES the Application for authorization to appeal beyond the delay, with legal costs. GUY GAGNON, J.A. PATRICK HEALY, J.A. FRÉDÉRIC BACHAND, J.A.
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