2014 QCCA 1209, 2014 QCCA 1209
Opinion
Pu c. Guay 2014 QCCA 1209 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC N o : 200-09-007968-131 (235-17-000063-111) (235-17-000042-115) MINUTES OF THE HEARING DATE : June 9 th 2014 CORAM : THE HONOURABLE NICHOLAS KASIRER, J.C.A. (JK0204) JACQUES J. LEVESQUE, J.C.A. (JL2746) DOMINIQUE BÉLANGER, J.C.A. (JB1988) APPELLANT ATTORNEY BIN PU PERSONALLY (ABSENT) RESPONDENTS ATTORNEY RICHARD GUAY PERSONALLY (ABSENT) ZINYUN WU Mtre RENÉE-MAUDE VACHON-THERRIEN (Langlois, Kronströ
m) In appeal of a judgment rendered on January 29 th 2014 by the Honourable Justice Alicia Soldevila of the Superior Court district of Frontenac. DESCRIPTION : Motion for dismissal of the appeal (art. 501, al. 1 (4.1) &
(5) C.C.P. ) Clerk : Marianik Faille (TF0891) Court room : 4.33 HEARING 12 h 01 The Court notes the absence of M. Pu; Comments of Mtre Vachon-Therrien; 12 h 04 Suspension; 12 h 10 Resumption; Judgment. (
s) Court clerk BY THE COURT JUDGMENT [ 1 ] The Court notes that the appellant, duly called, was absent at the hearing. [ 2 ] We note further that, by judgment rendered by a panel of this Court on September 9, 2013, the date for today’s hearing was fixed peremptorily. [ 3 ] The judge’s conclusions that the respondents did not commit a fault and that it was the appellant’s own conduct that caused his loss are findings of fact that deserve deference on appeal.
The appellant seeks to retry arguments that failed him at in first instance; as a general rule, in the absence of a palpable and overriding error, that exercise is not the proper basis for an appeal. His inscription in appeal reveals no argument upon which the Court could reasonably rely in order to disturb the conclusions of the trial judge. As such, the appeal presents no reasonable prospect of success pursuant to the subparagraph 4.1 of the first paragraph of
article 501 C.C.P . and should be dismissed.
[ 4 ] In the circumstances, it is not necessary to decide whether or not there has been an irregularity in the formation of the appeal. FOR THE AFOREMENTIONED REASONS, THE COURT : [ 5 ] GRANTS the motion to dismiss the appeal, with costs; [ 6 ] DISMISSES the appeal, with costs. NICHOLAS KASIRER, J.C.A. JACQUES J. LEVESQUE, J.C.A. DOMINIQUE BÉLANGER, J.C.A.
Loading document…