Transport de conteneurs Garfield inc. c. Montréal (Ville de) 2013 QCCA 962 COUR D'APPEL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-10-005412-133 (500-36-006151-123) (500-36-006152-121) (500-36-006153-129) MINUTES OF THE HEARING DATE: May 28, 2013 THE HONOURABLE MR JUSTICE YVES-MARIE MORISSETTE, J.A. PETITIONER ATTORNEY TRANSPORT DE CONTENEURS GARFIELD INC. ÉDIFICES INDUSTRIELS NOTRE-DAME LIMITÉE Mtre Donald W. Seal Q.C. SEAL SEIDMAN RESPONDENT ATTORNEY VILLE DE MONTRÉAL Mtre José Costa COUR MUNICIPALE DE MONTRÉAL NOTICE OF APPEAL AND MOTION FOR LEAVE (Article 291 CPP and 494 CCP)

Clerk : Asma Berrak Court Room : RC.18 HEARING 9 h 40 : Beginning of the hearing. 9 h 40 : Representations by Mtre Seal. 9 h 55 : Representations by Mtre Costa. 10 h 07 : Reply by Mtre Seal. 10 h 09 : Suspension of the hearing. 10 h 35 : Resumption of the hearing. 10 h 35 : Judgment - see page 3. 10 h 37 : Conclusion of the hearing. Asma Berrak Greffière JUDGMENT [ 1 ] The governing statutory provision here is

section 291 of the Code of penal procedure , which reads as follows in its relevant part: The appellant or respondent in Superior Court […] may, if they show sufficient interest in a question of law alone, bring an appeal before the Court of Appeal, with leave of a judge of that court, from a judgement (1) rendered in appeal by a judge of the Superior Court; […] [ 2 ] I am satisfied that the petitioner shows a sufficient interest in raising on appeal one question of law, namely whether the relevant municipal by-laws, correctly interpreted, prohibit the petitioner’s storage or warehousing activities as they are described in the agreed statement of facts and in the admissions quoted verbatim in paragraph [7] of the judgment rendered by the Municipal Court of Montreal on February 8, 2012.

This is the issue on which the Municipal Court and the Superior Court came to opposite conclusions and leave will be granted in respect of this question. [ 3 ] The motion is therefore granted, costs to follow the outcome of the appeal. YVES-MARIE MORISSETTE, J.A.