July 10, 2018
Rochette, Hilton, Levesque
Appeal from a judgment of the Superior Court dismissing an application for partial dismissal and to strike allegations. The judgment allowing the application for leave to appeal is quashed.
The respondents are claiming damages and punitive damages from the appellants for contractual or extra-contractual faults related to an investment offer. The appellants allege that the trial judge failed to give effect to orders rendered in Ontario extinguishing any claim related to the commercial paper case.
The criteria for obtaining leave to appeal from a judgment rendered in the course of a proceeding are clear. In this case, the judgment for which leave to appeal was granted does not determine part of the dispute or cause irremediable injury within the meaning of art. 31 of the Code of Civil Procedure (CQLR, c. C-25.01), as the judge merely felt that it was premature to rule on the issue of the release approved in Ontario. In this context, the appeal judge did not have discretion to authorize the appeal. Leave was therefore granted without right, and the Court does not have jurisdiction to hear the appeal. The Court is not bound by the appeal judge’s decision, and it should be quashed and the impugned judgment declared not subject to appeal.
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