Rissaki c. 7736304 Canada inc. 2017 QCCA 863 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026603-175 (500-17-091609-159) MINUTES OF THE HEARING DATE: May 29, 2017 CORAM: THE HONOURABLE JACQUES J. LEVESQUE , J.A. DOMINIQUE BÉLANGER , J.A. mark schrager , J.A. APPELLANT COUNSEL MARY RISSAKI Mtre JUDAH L. WOLOFSKY (Wolofsky & Associates) RESPONDENTS COUNSEL 7736304 CANADA INC. Mtre ROBERT PANCER (Philipps Friedman Kotler) 9270-8015 QUEBEC INC. (IMPRIMEURS EXCEL – PRINTERS EXCEL) HELEN RIZIS DENIS BEAUDRY Mtre DAVID BEAUDOIN (BBK) 8242135 CANADA INC. Mtre INGRID PARIENTÉ (Parienté & Associé

s) JOHN (GEORGIOS) HIONIS GERRY HIONIS MICHAEL HIONIS THE G.M. & J. TRUST JOHN JUNIOR HIONIS Mtre GABRIEL BOUTET ROMANOWSKI (Peter Karavoulias, Avocats) On appeal from a judgment rendered on January 9, 2017 by the Honourable Justice Pierre Journet of the Superior Court, District of Montreal DESCRIPTION : Amended application of Respondent 7736304 Canada Inc. to dismiss an appeal (Article 365 C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:39 Commencement of the hearing.

Identification of counsel. 9:39 Mtre Pancer has nothing to add to his motion. 9:40 Submissions by Mtre Wolofsky. 10:02 Reply by Mtre Pancer. 10:03 Recess. 10:10 Resumption of the hearing. 10:10 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE COURT

JUDGMENT [ 1 ] The filing of an application for a default judgment by an attorney clearly indicates the existence of an attorney-client mandate. Accordingly, the judge’s conclusion that in fact Appellant was represented at all relevant times by Me Wolofsky is not erroneous in the circumstances. [ 2 ] Therefore, the judge’s conclusion that Appellant did not seek revocation of the judgment of the Superior Court of March 11, 2016, dismissing her action, within the 30-day delay prescribed by the C.C.P ., is well-founded. [ 3 ] Consequently, the appeal has no reasonable chance of success.

FOR THESE REASONS : [ 4 ] The Application to dismiss the appeal is GRANTED and the appeal is DISMISSED , with legal costs. JACQUES J. LEVESQUE, J.A. DOMINIQUE BÉLANGER, J.A. MARK SCHRAGER, J.A.