2017 QCCA 509, 2017 QCCA 509

Lubecki c. Lack 2017 QCCA 509 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026601-179 (500-17-094192-161) MINUTES OF THE HEARING DATE: March 27, 2017 CORAM: THE HONOURABLE nicole duval hesler , C.J.Q. LORNE GIROUX , J.A. JEAN-FRANÇOIS ÉMOND , J.A. PETITIONER WILLIAM J.L. LUBECKI IN PERSON RESPONDENT COUNSEL peter r. lack Mtre jean-françois carpentier (Kugler Kandestin LLP) DESCRIPTION : Motion for leave to appeal after the expiry of time limit from a judgment rendered on November 21, 2016 by the Honourable Justice Suzanne Courchesne of the Superior Court, District of Montreal (Article 30 C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault

HEARING 12:27 Commencement of the hearing. 12:27 Submissions by Mr. Lubecki. 12:34 Recess. 12:37 Resumption of the hearing. 12:37 By the Court: judgment – see page 3. 12:38 Conclusion of the hearing. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The Superior Court dismissed Petitioner’s recourse for two reasons. The first was that his action against his former attorney invoked no professional fault or negligence on the part of the latter.

The second was that his claim was prescribed. [ 2 ] Independently from the issue of the delay to appeal, we are unanimously of the opinion that this appeal would have no reasonable chance of success. FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES Petitioner’s Motion, with legal costs. NICOLE DUVAL HESLER, C.J.Q. LORNE GIROUX, J.A. JEAN-FRANÇOIS ÉMOND, J.A.