2023 QCCA 1281, 2023 QCCA 1281

Shaulov c. Shaulov 2023 QCCA 1281 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-700176-233 ( 540-17-015234-239 ) MINUTES OF HEARING DATE: October 6, 2023 THE HONOURABLE STEPHEN W. HAMILTON, J.A. APPLICANTS COUNSEL Alexander Shaulov PRESENT AND Unrepresented Mordechai Shaulov Stella Iliaeva Shaulov David Shaulov Family trust Mtre Reevin Pearl ( Pearl & Associé

s) RESPONDENTS COUNSEL David Shaulov Frontline accounting solutions ltd. Mtre Anas Qiabi ( Gattuso Bouchard Mazzone ) M tre Anthony Gattuso ( Gattuso Bouchard Mazzone ) By videoconference DESCRIPTION: Application to suspend the provisional execution of a judgment of the Court of Appeal (Art. 390 para. 2 C.C.P . and 65.1(1) Supreme Court Act ) .

Amended application for a declaration of abuse of proceedings and for significant deficiencies in the conduct of the proceedings (Arts. 51 and 342 C.C.P. ) . (Request to add to the roll) Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 10:17 Commencement of the hearing. Identification of counsel. Preliminary remarks. 10:19 Submissions by Mtre Pearl. Mtre Pearl proposes to remove Mr. Alexander Shaulov as a named plaintiff from the Superior Court proceedings.

10:41 Submissions by Mtre Qiabi on the question of whether the removal of Mr. Alexander Shaulov as a named plaintiff from the Superior Court case will resolve the issue of the security for costs. 10:58 The judge addresses to Mtre Qiabi. 10:59 Recess of the hearing. 11:05 Resumption of the hearing. Submissions of Mr. Alexander Shaulov. 11:20 Mtre Pearl, with the agreement of Mr. Alexander Shaulov, undertakes to amend the originating application dated January 28th, 2023 within seven business days to remove Mr. Alexander Shaulov as a plaintiff .

Mtre Qiabi, on the behalf of the defendants, states that his clients will not oppose the amendment. The parties agree that this amendment renders the issue of security for costs from Mr. Alexander Shaulov moot with the result that the application to suspend the provisional execution of a judgment of the Court of Appeal is also moot. 11:23 Remarks by the judge on the Motion for abuse, which is not on the roll because it was not notified and produced within the delays. 11:24 Mtre Qiabi declares that he intends to amend his motion and present it at a later date.

The present motion will not be added to the roll. 11:26 Mtre Pearl addresses the judge pertaining the act of representation that he had attempted to produce. Mtre Qiabi does not object to it being produced. Exchanges between the parties. 11:38 The act of representation will be filed in the court file. Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] As a result of the representations and undertakings given by the parties at the hearing and noted in the minutes, THE UNDERSIGNED: [ 2 ] PRAYS ACT of the undertaking of the Applicants to amend their originating application dated January 28th, 2023 within seven business days to remove Mr.

Alexander Shaulov as a plaintiff and PRAYS ACT of the undertaking of the Respondents that they will not oppose the amendment; [ 3 ] DECLARES the Application to suspend the provisional execution of a judgment of the Court of Appeal to be moot and DISMISSES it without legal costs; [ 4 ] PRAYS ACT that the Respondents withdraw their request to add the Amended application for a declaration of abuse to the roll because they intend to amend it and present it at a later date; [ 5 ] AUTHORIZES Mtre Pearl to produce the act of representation on behalf of the Applicants. STEPHEN W. HAMILTON, J.A.