June 05, 2019
Duval Hesler, Vauclair, Hogue
Application for leave to appeal from a judgment of the Superior Court granting an action for damages and declaring a cross-application to be abusive. Dismissed. Application de bene esse to dismiss the appeal. Granted.
The legislator assigns a specific and limited meaning to the words “judicial application” found in paragraph 3 of article 30 of the Code of Civil Procedure (CQLR, c. C-25.01), which distinguishes it from other pleadings. Moreover, a cross-application is a judicial application within the meaning of that provision. Consequently, only originating applications and cross-applications deemed to be abusive must obtain leave to appeal from the judgment dismissing them. In this case, the appellants have not submitted any ground of interest against the dismissal of their cross-application. Therefore, the leave sought is not granted. The appeal from the dismissal of their defence is, for its part, bound to fail and must be summarily dismissed.
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