2023 QCCA 458, 2023 QCCA 458

Ciarallo c. Trivium Avocats inc. 2023 QCCA 458 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030256-226 ( 500-22-268298-216 ) MINUTES OF HEARING DATE: April 5, 2023 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. APPLICANT Mark Anthony Ciarallo Unrepresented RESPONDENT COUNSEL Trivium avocats inc. Mtre Émilie Paquin ( Trivium avocats ) DESCRIPTION : Application for leave to appeal from a judgment terminating the proceeding rendered on September 30, 2022 , by the Honourable Enrico Forlini of the Court of Québec, District of Montreal (Articles 30 para. 2 and 357 C.C.P. ) .

Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 11:42 Commencement of the hearing. Identification of counsel. Preliminary comments. 11:43 Submissions by Mr. Ciarallo. 11:51 Submissions by Mtre Paquin on legal fees. 11:54 Reply by Mr. Ciarallo. 12:01 Recess of the hearing. 12:07 Resumption of the hearing. BY THE JUGE: Judgment – see page 3.

12:09 Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] On October 28, 2022, the applicant filed an application for leave to appeal from a judgment rendered on September 30, 2022, by the Court of Québec, district of Montreal (the Honourable Enrico Forlini), that dismissed his motion to recuse said judge following the latter’s earlier dismissal of the applicant’s motion to postpone a hearing scheduled to begin on September 29, 2022. [ 2 ] Further to the applicant’s announcement of his intention to appeal the judgment rendered on the motion to recuse, Forlini, J.C.Q., as he then was, suspended the hearing until judgment on the application for leave to appeal is rendered. [ 3 ] As a result of the appointment of Justice Forlini to the Superior Court, which was confirmed in writing to the parties by the judge himself on December 1, 2022, the appeal of his judgment denying the applicant’s request that he recuse himself has become moot: he obviously can no longer be assigned to hear the matter in the Court of Québec and will be replaced for this task. [ 4 ] Given that the reason for dismissing the application is based on Justice Forlini’s appointment to the Superior Court, an event which took place after the application for leave to appeal from his judgment was filed, the application will be dismissed without legal costs.

THEREFORE, THE UNDERSIGNED: [ 5 ] DISMISSES the application for leave to appeal, given that the appeal is moot; [ 6 ] WITHOUT legal costs. GENEVIÈVE MARCOTTE, J.A.