2014 QCCA 1217, 2014 QCCA 1217

Spanos Korres c. Levenzon (Demetriou) 2014 QCCA 1217 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024264-145 (500-17-043139-081) MINUTES OF THE HEARING DATE: JUNE 9, 2014 CORAM: THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. JACQUES A. LEGER, J.A. MANON SAVARD, J.A. APPELLANTS COUNSEL MARIA SPANOS KORRES GEORGE SPANOS THE 3 RD EYE TRACKING INC. Mtre Colombe Perreault KOUNADIS PERREAULT INC. RESPONDENT COUNSEL ALEXANDRA LEVENZON (formerly DEMETRIOU) ALEXANDRA LEVENZON (formerly DEMETRIOU) (es qualités of tutor to Zaihna Katrina Hannan, Minor) Mtre Daniel F. O’Connor DANIEL F. O’CONNOR ATTORNEYS

Motion to dismiss the appeal from judgment rendered on January 31, 2014 by the Honourable Mr. Justice Mark Schrager of the Superior Court, district of Montreal (Art. 501 (4.1) and (5) C.C.P.) Motion for security for costs (Art. 497 C.C.P.) Clerk: Nadia Samy Courtroom: Pierre-Basile-Mignault HEARING 12:30 Commencement of the hearing. 12:31 Submissions by Mtre O’Connor. 12:40 Submissions by Mtre Perreault. 12:54 Rebuttal by Mtre O’Connor. 12:57 Recess. 13:12 Resumption of the hearing. 13:12 By the Court; judgment – see page 3. 13:13 Conclusion of the hearing.

Nadia Samy Clerk BY THE COURT JUDGMENT With respect to the motion to dismiss the appeal [ 1 ] The Court DISMISSES the motion to dismiss the appeal, without hearing the parties and without costs, in accordance with

article 501, paragraph 3, C.C.P. and Rule 31 of the Rules of the Court of Appeal of Quebec in Civil Matters. With respect to the motion for security for costs [ 2 ] Invoking that the trial judge found that the respondent had been embezzled, her attorney is asking for security for costs for the full amount of the judgment below, plus the costs as taxed in the Superior Court and the estimated amount of taxable court costs before the Court of Appeal.

[ 3 ] The deed is done. Appellants are not at present engaged in any action which would affect the right of recovery of the respondent. [ 4 ] However, the amount of costs as taxed and the estimated amount of taxable costs in the Court of Appeal, seeing the conclusions of the judge of first instance, ought to be guaranteed at this stage. FOR THESE REASONS, THE COURT: [ 5 ] FIXES at $9,000 the amount of security for costs, to be furnished within a delay of sixty days from the date of this judgment, costs to follow; [ 6 ] For clarity, the Court adds that the appeal will not be suspended during that delay. NICOLE DUVAL HESLER, C.J.Q. JACQUES A. LEGER, J.A. MANON SAVARD, J.A.