2017 QCCA 1818, 2017 QCCA 1818
Opinion
Shi c. Casault 2017 QCCA 1818 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027045-178 (500-22-235658-161) MINUTES OF THE HEARING DATE: November 13, 2017 CORAM: THE HONOURABLE paul vézina , J.A. manon savard , J.A. simon ruel , J.A. APPELLANT SONG LING SHI IN PERSON RESPONDENTS COUNSEL RAYMOND CASAULT Mtre FABRIZIO MANCUSO (BAJ Centre-Sud) NOELLA LAPOINTE Absent and not represented On appeal from a judgment rendered on July 28, 2017 by the Honourable Justice Magali Lewis of the Court of Quebec, District of Montreal
DESCRIPTION : Application of Raymond Casault to dismiss the appeal (Article 365, C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11:23 Commencement of the hearing. Identification of counsel. 11:23 Submissions by Mtre Mancuso. 11:29 Submissions by Mr. Song Lin Shi 11:49 Recess. 12:04 Resumption of the hearing. 12:04 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The judgment contested by Mr. Shi was subject to appeal by leave within a 30 day delay. No leave was sought during the prescribed delay. [ 2 ] Furthermore, even if Mr. Shi had requested special leave to appeal under
article 363 of the Code of Civil Procedure , his motion would have been dismissed given that his appeal does not have any reasonable chance of success. FOR THESE REASONS, THE COURT: [ 3 ] GRANTS the motion to dismiss the appeal, without legal costs; [ 4 ] DISMISSES the appeal, without legal costs. PAUL VÉZINA, J.A. MANON SAVARD, J.A.
SIMON RUEL, J.A.
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