2014 QCCA 810, 2014 QCCA 810
Opinion
Hebda c. Laurin 2014 QCCA 810 COURT OF APPEAL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTRÉAL No: 500-09-024313-140 (500-17-079401-132) MINUTES OF THE HEARING DATE: April 3, 2014 THE HONOURABLE MR. JUSTICE MARTIN VAUCLAIR PETITIONER ZOFIA HEBDA In person RESPONDENT COUNCEL JACQUES A. LAURIN Mtre Patricia Timmons FONDS D'ASSURANCE RESPONSABILITÉ PROFESSIONNELLE MOTION FOR LEAVE TO APPEAL Clerk: Asma Berrak Court Room: RC.18
HEARING 11:19: Commencement of hearing. Identification of parties. 11:19: Discussion between the judge and Mrs. Hebda. 11:20: Submission by Mtre Timmons. 11:25: Submission by Mrs. Hebda. 11:36: Suspension of hearing. 12:03: Resumption of hearing. 12:03: Judgment-see page 3. 12:07: Conclusion of hearing.
Asma Berrak Clerk JUDGMENT [ 1 ] I am seized with a motion for leave to appeal of a final judgment rendered on February 12, 2014 by Geoffroy, J. of the Superior Court, District of Montreal, granting the Respondent’s motion to reject the motion to institute proceedings of the Applicant, who was, and still is, self-represented. [ 2 ] The Superior Court held that the Applican t 's right of action was prescribed. The Applicant was seeking one (1) million dollars in damages. [ 3 ] The Respondent submits that judgment was rendered pursuant to
article 54.1 of the Code of Civil Procedure (C.C.P.) and therefore, motion for leave to appeal is mandatory. I disagree. [ 4 ] Clearly in my view, the decision was based on the underlying principles of article 165(4) C.C.P. The judge does not discuss or conclude on any abusive conduct. Therefore, I would apply the reasoning of the Court’s judgment of Brousseau c. Montréal (Ville de), 2011 QCCA 2434 . [ 5 ] An appeal lies from any final judgment of the Superior Court where the value of the object of the dispute in appeal is more than $50,000.
Therefore, there is no need and no purpose for the Applicant to seek leave. The Applicant needed to file the appeal according to sections 494 and 495 C.C.P. As a judge sitting alone, however, I cannot correct this error [1] . [ 6 ] It is possible that time is still available to file the appeal, but at this point, I can only speculate. [ 7 ] FOR THIS REASON , the motion for leave to appeal is DISMISSED , without costs. MARTIN VAUCLAIR, J.A.
Loading document…