Brands c. Dumais 2019 QCCA 689 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027907-187 (500-17-102749-184) MINUTES OF THE HEARING DATE: April 12, 2019 CORAM: THE HONOURABLE FRANÇOIS DOYON , J.A. MARTIN VAUCLAIR , J.A. STÉPHANE SANSFAÇON , J.A. APPELLANT COUNSEL STEFAN BRANDS Mtre RAPHAEL LEVY ( Levy Tsotsis avocats ) RESPONDENTS COUNSEL PATRICE DUMAIS SYLVAIN CARON BDO CANADA LLP Mtre JASON DOLMAN ( Fishman Flanz Meland Paquin s.e.n.c.r.l. ) On appeal from a judgment rendered on September 18, 2018 by the Honourable Justice Jérôme Frappier of the Superior Court, District of Montreal

DESCRIPTION : Appeal from a judgment rendered in the course of a proceeding – Case management – Expert report and allegations being struck. Clerk: Mai Nguyen Courtroom: Pierre-Basile-Mignault HEARING 9:32 Commencement of the hearing. Identification of counsel. 9:33 Submissions by Mtre Levy. 9:35 Exchanges between the Court and Mtre Levy. 10:05 Submissions by Mtre Dolman. 10:09 Exchanges between the Court and Mtre Dolman. 10:32 Reply by Mtre Levy. 10:35 Recess of the hearing. 11:31 Resumption of the hearing. 11:32 BY THE COURT : Judgment – see page 3. Conclusion of the hearing.

Mai Nguyen Clerk BY THE COURT JUDGMENT [ 1 ] Assuming, without deciding, that the judge was in error to refuse the admissibility of the whole report because it contained opinions that fall within the exclusive domain of the trial judge, the appeal nevertheless cannot succeed. [ 2 ] The Ericsson Report manifestly relates to the same area and matter of expertise than the already filed MNP’s report and the appellant did not file a proper motion at the Superior Court to justify its admission pursuant to art. 232 C.C.P. FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES the appeal, with legal costs. FRANÇOIS DOYON, J.A.

MARTIN VAUCLAIR, J.A. STÉPHANE SANSFAÇON, J.A.