2015 QCCA 1923, 2015 QCCA 1923

Spitzer c. Basal Diamonds Inc. 2015 QCCA 1923 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025546-151 (500-17-081487-145) MINUTES OF THE HEARING DATE: November 16, 2015 CORAM: THE HONOURABLE françois doyon , J.A. geneviève marcotte , J.A. marie-josée hogue , J.A. APPELLANT COUNSEL ASHER SPITZER Mtre JUDAH L. WOLOFSKY (Wolofsky & associates) RESPONDENT COUNSEL BASAL DIAMONDS INC. Mtre STEPHANIE RASSAM (Stein & Stein Inc.) On appeal from a judgment rendered on July 16, 2015 by the Honourable Justice Claude Champagne of the Superior Court, District of Montreal

DESCRIPTION : Motion to dismiss an appeal as having no reasonable chance of success and as being improper and dilatory (Art. 501 (4.1) and (5) C.C.P.; Art. 27 and 28 of the Rules of the Court of Appeal of Quebec in Civil Matters ) And subsidiarily, Motion to order appellant to furnish security for costs (Art. 497; 501 paragraph 2 C.C.P.) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 10:48 Commencement of the hearing.

Identification of counsel. 10:48 Submissions by Mtre Rassam. 10:49 Submissions by Mtre Wolofsky. 11:04 Recess. 11:25 Resumption of the hearing. 11:25 Reply by Mtre Rassam. 11:26 Recess. 11:29 Resumption of the hearing. 11:29 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] We are of the opinion that this appeal has no reasonable chance of success. FOR THIS REASON, THE COURT: [ 2 ] GRANTS the motion in part, as there is no reason to declare the appeal to be abusive, without costs; [ 3 ] DISMISSES the appeal, with costs. françois doyon, J.A.

geneviève marcotte, J.A. marie-josée hogue, J.A.