Diabo c. Conseil Mohawk de Kahnawà:Ke

canada, canadian, case law, court opinion, canlii, qcca, 2026qcca1271, 2026 qcca 1271 (canlii), 2026, qcca, 1271, (canlii), 500-09-032095-267, 2026, procedure, appeals, dismissal of appeal, art. 365 c.c.p. applications to dismiss appeal, whether the appeal is bound to fail and should be dismissed at this stage, grounds of appeal raised in a generic manner without pointing to any specific error, no likely intervention regarding the impugned judgment, applications granted, appeal dismissed, civil liability, fault and immunity, public works, whether fault shown in performance of the works, qualified immunity based on public, economic and social policy considerations, alleged disguised expropriation and normal inconveniences of public works, temporary hindrance and business remained open during the works, no fault and no disguised expropriation upheld, appeal dismissed, lease and tenancy, lease term and renewal, injunction and eviction, whether the trial judge misinterpreted and mischaracterized the lease and refusal to recognise tacit renewal, lease found to have remained in force until it ended, cross, application seeking removal from the premises considered, orders to cease interfering, vacate premises, and pay unpaid rent not disturbed, appeal dismissed, evidence, damages proof, reliability of financial information, whether the appellant’s evidence supported compensatory, moral and punitive damages, complaints unsupported by the evidence and financial information incomplete and unreliable, no evidence of stress sufficiently serious to justify moral damages, punitive damages had no legal basis, claims rejected and findings not disturbed, appeal dismissed