2022 QCCA 101, 2022 QCCA 101

Rankin c. Fermes Lebec inc. 2022 QCCA 101 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029718-210 (760-17-003751-149) DATE: January 20, 2022 BEFORE THE HONOURABLE GUY COURNOYER, J.A. DAVID I. RANKIN JEAN RANKIN APPLICANTS – Defendants v. LES FERMES LEBEC INC. RESPONDENT – Intervener and FERMES KARL WANIA ET SHEROLYN DAHMÉ S.E.N.C. KARL WANIA SHEROLYN DAHMÉ RESPONDENT – Plaintiffs JUDGMENT [ 1 ] The Applicants seek leave to appeal from a decision rendered on September 10, 2021, by the Superior Court, district of Beauharnois (the Honourable Judge François P.

Duprat) which granted the postponement requested by the Applicants of the trial set for September 13, 14 and 15, 2021 but ordered them to pay $ 8,000 compensation to the Respondents for their legal costs. [ 2 ] The originating application in this case was filed in 2014. [ 3 ] After carefully reviewing the application and the materials appended, given the discretionary powers granted by s. 342 C.C.P. to order compensation for substantial breaches in the conduct of the proceedings, I can only conclude that the appeal of Justice Duprat’s judgment would be doomed to fail and it does not raise any question of principle or new issue worthy of our Court’s attention [1] .

FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] DISMISSES the application for leave to appeal, the whole with legal costs in favour of the Respondents. GUY COURNOYER, J.A. Mtre Gordon M. Selig For David I. Rankin and Jean Rankin Mtre Stéphanie Asselin Mtre Stéphane Perras PC AVOCATS For Les Fermes Lebec inc. Mtre Martin Filion Mtre MARTIN FILION, AVOCAT For Fermes Karl Wania et Sherolyn Dahmé s.e.n.c., Karl Wania and Sherolyn Dahmé Date of hearing: January 13, 2022