Asaduzzaman c. 9188-6150 Québec inc. 2022 QCCA 1236 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030067-227 ( 500-17-116687-214 ) MINUTES OF HEARING DATE: September 12, 2022 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. STEPHEN W. HAMILTON, J.A. CHRISTINE BAUDOUIN, J.A. APPELLANTS Rustum Asaduzzaman Unrepresented peter michalakopoulos Unrepresented RESPONDENTS COUNSEL 9188-6150 Quebec inc. Joel Teller Mtre Asher Neudorfer ( Sarna Neudorfer ) On appeal from a judgment rendered on April 19, 2022 by the Honourable Lukasz Granosik of the Superior Court , District of Montreal .

DESCRIPTION: Application to dismiss an appeal and to order the appellants to provide a suretyship ( de bene esse ) (articles 365 and 364 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING

14:36 Commencement of the hearing. Identification of counsel. 14:36 Submissions by Mtre Neudorfer. 14:45 Submissions by Mr. Asaduzzaman. 14:49 Submissions by Mr. Michalakopoulos 15:29 Reply by Me Neudorfer. 15:32 Recess of the hearing 15:47 Resumption of the hearing. BY THE COURT: judgment – see page 3.

Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] It is apparent from paragraphs 2 to 108 of the appellants’ Notice of Appeal that their primary purpose in their appeal is to re- litigate the facts they raised in several separate proceedings in the Superior Court pertaining to two immovable properties in Montreal.

Each of these proceedings resulted in an adverse judgment for them, none of which was reversed on appeal and two of which were the object of further but unsuccessful motions for leave to appeal in the Supreme Court of Canada. [ 2 ] In the circumstances, it was entirely appropriate for Justice Granosik to grant the respondents’ application to have the appellants declared quarrelsome and vexatious litigants, which is patent, while at the same time limiting the scope of his declaration and his order to the dispute involving the immoveable properties mentioned in paragraph 43 of his judgment. [ 3 ] The appeal as formed is bound to fail on all counts. [ 4 ] The motion to dismiss is therefore granted, with costs against the appellants, and the appeal is dismissed, with costs against the appellants.