2020 QCCA 1213, 2020 QCCA 1213

Rosenberg Solny c. Royal Bank of Canada 2020 QCCA 1213 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028858-207 ( 500-17-109612-195 ) MINUTES OF HEARING DATE: September 21, 2020 CORAM: THE HONOURABLE FRANÇOIS PELLETIER, J.A. JACQUES DUFRESNE, J.A. STEPHEN W. HAMILTON, J.A.

APPELLANTS COUNSEL MALKA ROSENBERG SOLNY ROSE SOLNY Mtre TOM MARKAKIS ( De Louya Markakis ) RESPONDENT COUNSEL ROYAL BANK OF CANADA Mtre RONALD AUDETTE Mtre jean-françois hamel ( Gowling WLG (Canada) ) IMPLEADED PARTIES COUNSEL MICHAEL ROSENBERG SHIRLEY ROSENBERG FREUND Mtre MICHAEL WORSOFF ( Campbell Cohen ) By conference telephone On appeal from a judgment rendered on September 19, 2019 by the Honourable Donald Bisson of the Superior Court , District of Montréal .

DESCRIPTION: Application to dismiss the appeal (Article 360, 363, 365 and 31, al. 3 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING

12:17 Commencement of the hearing. Identification of counsel. 12:17 Mtre Markakis announces the discontinuance of the appeal. 12:21 Mtre Audette asks the Court to declare the appeal abusive. 12:26 Representations by Mtre Markakis. 12:27 Representations by Mtre Audette. 12:30 Recess. 12:42 Resumption of the hearing. 12:42 By the Court: judgment – see page 3.

Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] Faced with an application to dismiss the appeal, originally scheduled to be heard March 30, 2020 and postponed four times before being heard today, the Appellants only retained the services of a lawyer on Friday. [ 2 ] At the hearing, the lawyer announced the discontinuance of the appeal. [ 3 ] The Respondent, Royal Bank of Canada, asks the Court to declare the appeal abusive and to condemn the Appellants to pay $15,000 in compensatory damages and $5,000 in punitive damages. [ 4 ] In light of all the circumstances surrounding the appeal and the conduct of the Appellants, the Court is of the view that the appeal was abusive. [ 5 ] However, the Court is not in a position to assess the compensatory damages or the appropriateness of punitive damages.

FOR THESE REASONS, THE COURT: [ 6 ] TAKES ACT of the discontinuance of the appeal; [ 7 ] DECLARES the appeal abusive; [ 8 ] REFERS the matter back to the Superior Court to determine the amount of the compensatory damages and to determine whether there should be punitive damages; [ 9 ] THE WHOLE with legal costs. FRANÇOIS PELLETIER, J.A. JACQUES DUFRESNE, J.A. STEPHEN W. HAMILTON, J.A.