2013 QCCA 1599, 2013 QCCA 1599

Singh c. Kohli 2013 QCCA 1599 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023784-135 ( 500-11-040424-117 ) MINUTES OF THE HEARING DATE: September 16, 2013 CORAM: THE HONOURABLE PIERRE J. DALPHOND, J.A. NICHOLAS KASIRER, J.A. CLÉMENT GASCON, J.A. APPELLANT ATTORNEY JOGINDER SINGH Mtre Jamie Benizri Legal Logik Inc. RESPONDENTS ATTORNEY DALJIT KOHLI TRIO PROPERTIES LTD. Mtre Zavie Levine Mtre Marissa Frishman Levine Frishman Lancry IMPLEADED PARTY ATTORNEY KRIPA INC.

Motion to dismiss the appeal from a judgment rendered on June 28, 2013 by the Honourable Madam Justice Chantal Corriveau, of the Superior Court, District of Montreal and subsidiarily to obtain security for costs.

Clerk: Marcelle Desmarais Courtroom: Louis-H.-Lafontaine HEARING Prior to the hearing, counsel was advised that the respondents' motion to dismiss the appeal was to be dismissed, without a hearing and without costs (art. 501(3) C.C.P. ). 12 h 32 Submissions by Mtre Zavie Levine on the subsidiary conclusion to furnish security for costs. 13 h 02 Submissions by Mtre Jamie Benizri. 13 h 12 Reply by Mtre Zavie Levine. 13 h 13 Mtre Zavie Levine requests permission to amend his motion to add as a subsidiary conclusion: "ORDERS provisional execution notwithstanding appeal of paragraph 97 of the judgment of the Superior Court". 13 h 14 Recess. 13 h 22 Resumption.

BY THE COURT: Judgment see page 3. Marcelle Desmarais Clerk BY THE COURT JUDGMENT On the oral motion to amend : [ 1 ] THE COURT: [ 2 ] GRANTS the motion, without costs;

On the motion to dismiss the appeal : [ 3 ] DISMISSES the motion to dismiss the appeal, without hearing the parties and without costs, in accordance with

article 501, paragraph 3, C.C.P. and Rule 31 of the Rules of the Court of Appeal of Quebec in Civil Matters . On the subsidiary conclusions of the motion as amended : [ 4 ] Considering that paragraph 97 of the judgment of the Superior Court orders a rendering of account; [ 5 ] Considering that this order is not conditional upon the payment of the shares; [ 6 ] Considering that such an order is subject to provisional execution notwithstanding appeal (article 547

f) C.C.P ); [ 7 ] Considering alternatively the powers of the Court under

article 550 C.C.P. and its equitable powers under the

Canada Business Corporations Act ; [ 8 ] The Court : [ 9 ] DECLARES that paragraph 97 of the Superior Court judgment is subject to provisional execution notwithstanding appeal; [ 10 ] Costs to follow. PIERRE J. DALPHOND, J.A. NICHOLAS KASIRER, J.A. CLÉMENT GASCON, J.A.