2021 QCCA 1802, 2021 QCCA 1802

Digiulian c. Ann-Greene (succession de Digiulian) 2021 QCCA 1802 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029709-219 ( 700-17-015720-187 ) MINUTES OF HEARING DATE: November 22, 2021 CORAM: THE HONOURABLE MARIE-FRANCE BICH, J.A. STEPHEN W. HAMILTON, J.A. MICHEL BEAUPRÉ, J.A. APPLICANTS COUNSEL SASHA DIGIULIAN JOHN CHARLES DIGIULIAN Mtre MATTHEW MELAND ( by videoconference) ( Greenspoon Winikoff ) RESPONDENTS COUNSEL PATRICIA ANN-GREENE, in her capacity as liquidator of the ESTATE THE LATE RITA E.

DIGIULIAN (BEARZATTO) and in her capacity as trustee to the REVOCABLE LIVING TRUST OF RITA E. DIGIULIAN Mtre ADAM EIDELMAN N (by videoconference) ( Eidelmann Law ) DIANE LOUISE WAGNER Me ANTOINE AYLWIN (by videoconference) ( Fasken Martineau DuMoulin ) IMPLEADED PARTIES COUNSEL ANDREA LYNNE DIGIULIAN Mtre MATTHEW MELAND ( by videoconference) ( Greenspoon Winikoff ) LEONARD DIGIULIAN ROBERT DIGIULIAN MALONEY AND YURACHEK P.C. Absent and unrepresented

DESCRIPTION: Application for leave to appeal after the expiry of the time limit of a judgment rendered on August 4, 2021 par the Honourable Justice Jean- François Michaud of the Superior Court, District of Terrebonne. (Articles 31(2), 357 and 363 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 1 :47 Commencement of the hearing. Identification of counsel. 1:48 On the verbal request for postponement: 1:49 Submissions by Mtre Meland. 1:55 Submissions by Mtre Aylwin. 1:56 Submissions by Mtre Eidelmann. 1:58 By the Court: Judgment – see page 3.

On the Application for leave to appeal after the expiry of the time limit: 2 :00 Submissions by Mtre Meland. 2:28 Submissions by Mtre Aylwin. 2:45 Reply by Mtre Meland. 2:50 Reprensentations by Mtre Eidelmann. 2:51 Representations by Me Aylwin. 2:52 Representations by Mtre Meland. 2:53 Recess of the hearing. 3 :10 Resumption of the hearing. 3:10 By the Court: The hearing will be continued on November 26, 2021, at 9:30 a.m., in Pierre- Basile-Mignault courtroom. The parties are excused from appearing in Court.

If the Court is unable to render judgment on that date, the case will be taken under advisement and the parties will be notified in advance. 3:12 Discussion between Justice Bich and counsel to set appeal management measures, in case the application for leave to appeal is granted. 3:18 Conclusion of the hearing. Robert Osadchuck, Clerk at the hearing JUDGMENT [1] The reasons alleged in support of the motion for postponement being unconvincing in light of the grounds of appeal, the motion for postponement IS DISMISSED , costs to follow. MARIE-FRANCE BICH, J.A.

STEPHEN W. HAMILTON, J.A. MICHEL BEAUPRÉ, J.A.