2018 QCCA 1371, 2018 QCCA 1371

Depuy Orthopaedics Inc. c. Melançon 2018 QCCA 1371 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027575-182 (500-06-000643-136) MINUTES OF THE HEARING DATE: August 29, 2018 THE HONOURABLE SIMON RUEL, J.A. PETITIONERS COUNSEL DEPUY ORTHOPAEDICS INC. JOHNSON & JOHNSON CORP. JOHNSON & JOHNSON INC.

Mtre ROBERT TORRALBO Mtre ARIANNE BISAILLON (Blake, Cassels & Graydon s.e.n.c.r.l.) RESPONDENT COUNSEL CAROLE MELANÇON Mtre ERIK LOWE (Merchant Law Group) DESCRIPTION: Application for leave to appeal from a judgment terminating the proceedings rendered on May 2, 2018, by the Honourable Paul Mayer of the Superior Court, District of Montreal. (Art. 30(2), 357, 578 C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 10:37 Commencement of the hearing. Comments by the Judge. 10:39 Submissions by Mtre Robert Torralbo. 10:47 Submissions by Mtre Erik Lowe. 10:50 Rebuttal by Mtre Torralbo. 10:51 BY THE JUDGE: Judgment – See page 3. 10:53 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The undersigned, adjudicating an application for leave to appeal from a judgment rendered by the Superior Court on May 2, 2018, by the Honourable Mr.

Justice Paul Mayer, authorizing a class action; [ 2 ] After examining the file and hearing the parties; [ 3 ] Considering that point “A” of the application for leave to appeal raises a jurisdictional question which merits the consideration of this Court; THEREFORE, THE UNDERSIGNED: [ 4 ] GRANTS the motion for leave to appeal; [ 5 ] GRANTS leave to appeal with respect to point “A” of the application for leave to appeal only; [ 6 ] ORDERS the appellant, after having notified a copy upon the respondent, to file in the Office of the Court, no later than October 12, 2018, five copies of a written argument not exceeding 15 pages .

All documents necessary for the adjudication of the appeal (judgment under appeal, pleadings, excerpts from depositions, etc.) shall be attached; [ 7 ] ORDERS the respondent, after having notified a copy upon the appellant, to file in the Office of the Court, no later than November 30, 2018 , five copies of a written argument not exceeding 15 pages and of his supplementary documents; [ 8 ] REFERS the file to the Master of the Rolls to determine the date of a hearing of 90 minutes in duration; [ 9 ] DIRECTS the parties’ attention to Practice Direction G-3 (last amendment: February 27, 2017) encouraging them to attach a technological version to each paper copy of their brief, memorandum and book of authorities.

Such technological version should preferably be in Word format but may also be in PDF format enabling keyword searches. The USB drive is the format preferred by the Court, but CD / DVD-ROM is also accepted; [ 10 ] THE WHOLE , legal costs to follow. simon ruel , J.A.