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Daniel c. Cabinet DJB Legal inc.
canada, canadian, case law, court opinion, canlii, qcca, 2026qcca1157, 2026 qcca 1157 (canlii), 2026, qcca, 1157, (canlii), 500-09-032087-264, 2026, procedure, case management, postponement, refusal to postpone trial after medical reasons raised, request for “deferment of legal proceedings by 6 to 12 months”, hearing held to deal with postponement request and applicant did not answer when called, trial proceeded as scheduled, application for leave to appeal dismissed, procedure, trial, reopening of hearing, whether judge should reopen hearing when applicant rejoined by telephone, applicant left the call and later indicated he wanted to present means of defence but was not ready, judge informed him the hearing was finished and judgment was about to be rendered, refusal to reopen confirmed, application for leave to appeal dismissed, procedure, appeals, leave to appeal, art. 30 c.c.p. threshold where dispute less than $60,000, whether matter involves a question of principle, a new issue, or conflicting judicial decisions (art. 30 c.c.p.), exceptional leave for “flagrant or intolerable injustice” (genest c. bélisle), leave refused, application for leave to appeal dismissed, procedure, appeals, grounds of appeal, whether lack of any grounds on the merits defeats leave, applicant addressed strictly postponement and did not deal with the merits of the action for payment of legal services, no showing that it is in the interest of justice to grant leave, no flagrant injustice shown, application for leave to appeal dismissed, procedure, appeals, disposition, application for leave to appeal from judgment terminating a proceeding (arts 30 para. 2 and 357 c.c.p.), leave sought from refusal to reopen and from decision on the merits, grounds of appeal of interest to the parties only, application dismissed with judicial costs, application for leave to appeal dismissed
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