2017 QCCA 212, 2017 QCCA 212
Opinion
Forgac c. Bombardier inc. 2017 QCCA 212 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026375-162 (500-17-092675-167) MINUTES OF THE HEARING DATE: February 6, 2017 CORAM: THE HONOURABLE LOUIS ROCHETTE , J.A. FRANÇOIS PELLETIER , J.A. ALLAN R. HILTON , J.A. APPELLANT PAVOL FORGAC IN PERSON RESPONDENT COUNSEL BOMBARDIER INC. Mtre PHILIPPE a. COUTURE-MÉNARD (Miller Thomson) On appeal from a judgment rendered on September 6, 2016 by the Honourable Justice Yves Poirier of the Superior Court, District of Montreal DESCRIPTION : Application to dismiss an appeal and to declare that a judicial demand is abusive and frivolous
Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 14:14 Commencement of the hearing. Identification of counsel. Mr. Forgac resides in Slovakia and is heard by technological means (telephone conference) without attending the courthouse. 14:14 Submissions by Mtre Couture-Ménard. 14:16 Submissions by Mr. Forgac. 14:19 Recess. 14:24 Resumption of the hearing. 14:24 By the Court: judgment – see page 3.
Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The judgment under appeal dismissed the appellant’s action for failing to file security and none of the grounds of appeal advanced in support of the appeal has any chance of success. [ 2 ] Accordingly, the Motion to dismiss the appeal is granted, with legal costs, and the appeal is dismissed, with legal costs. [ 3 ] Insofar as the motion seeking a condemnation of $5,000.00 against the appellant, in the circumstances of the case, the allegations in support of that application have not been established, and that motion is accordingly dismissed without costs.
LOUIS ROCHETTE, J.A. FRANÇOIS PELLETIER, J.A. ALLAN R. HILTON, J.A.
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