2012 QCCA 1833, 2012 QCCA 1833

Kansa General International Insurance Company Ltd. (Winding up of) 2012 QCCA 1833 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022721-120 ( 500-05-002760-955 ) MINUTES OF THE HEARING DATE: Octobre 12, 2012 THE HONOURABLE NICHOLAS KASIRER, J.A. In the matter of the winding up of: Kansa General International Insurance Company Ltd. PETITIONER ATTORNEY IMPERIAL TOBACCO LIMITED AND AL. Mtre Carine Bouzaglou OSLER HOSKIN & HARCOURT RESPONDENTS ATTORNEYS KANSA GENERAL INTERNATIONAL INSURANCE COMPANY LTD FERDINAND ALFIERI, in his capacity as liquidator of Kansa General International Insurance Company Ltd. In Canada Mtre Eugène Czolij Mtre Mathieu Thibault LAVERY DE BILLY

MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON MAY 18, 2012 BY THE HON. JEAN-YVES LALONDE OF THE SUPERIOR COURT, DISTRICT OF MONTREAL Clerk: Annick Nguyen Court Room: RC.18 HEARING 10:21 Commencement of the hearing. Submission by Mtre Bouzaglou. 10:48 Submission by Mtre Czolij. 11:09 Reply by Mtre Bouzaglou. 11:11 Suspension. 11:33 Resumption of the hearing. BY THE JUDGE. Judgment – See page 3.

Annick Nguyen Clerk JUDGMENT [ 1 ] Petitioners ask for leave to appeal from a judgment of the Superior Court, District of Montreal (the honourable Jean-Yves Lalonde), rendered on May 18, 2012, in which the Court ordered, inter alia , that respondents' lawyers be allowed access to certain of Imperial Tobacco Canada Ltd.'s invoices for legal fees. In particular, the petitioners seek leave to appeal from conclusions [6] and [7] of the judgment. The dispute arises in connection with claims made by Imperial under the Winding-Up and Restructuring Act , R.S.C. 1985, c.

W-11. [ 2 ] In my view, the motion raises questions involving not just present but also future rights of the parties and, by reason of the importance of the solicitor-client privilege in question, it is in the interest of justice to grant leave pursuant to paragraph 103a) of the Act. [ 3 ] Pursuant to

article 508.2 C.C.P., it is appropriate to manage this appeal so that it proceeds without a factum on the so-called fast track.

FOR THE AFOREMENTIONED REASONS , the undersigned: [ 4 ] GRANTS the motion; [ 5 ] GRANTS leave to appeal; [ 6 ] ORDERS the appellants, after having served a copy upon the respondents, to file in the office of the Court, no later than November 23, 2012 , four copies of a written argument not exceeding 15 pages , of the documents that would normally have made up schedules I, II and III of their factum and of their authorities; [ 7 ] ORDERS the respondents, after having served a copy upon the appellants, to file in the office of the Court, no later than January 8, 2013 , four copies of a written argument not exceeding 15 pages , of their supplementary documents, and of their authorities; [ 8 ] ORDERS the parties to present their written arguments on 21.5 cm X 28 cm (8 ½ X 11 in.) paper, with line spacing of at least 1.5 lines (except in the case of quotations, which must be single-spaced and indented), and the computer-prepared text shall be in 12- point type, with no more than 12 characters per 2.5 cm, the use of the font ARIAL-12 being strongly recommended ; [ 9 ] ORDERS that the documents filed by the parties carry a continuous pagination or tabs, a front cover and a general table of contents; [ 10 ] DEFERS the file to the Master of the rolls to determine the date of a hearing of 90 minutes in duration.

Costs to follow. NICHOLAS KASIRER, J.A.