Rachidi c. Société de services MCAP 2017 QCCA 421 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026612-176 (505-17-008754-162) MINUTES OF THE HEARING DATE: March 17, 2017 THE HONOURABLE YVES-MARIE MORISSETTE, J.A. PETITIONER COUNSEL ZOHEIR RACHIDI Mtre SAMUEL COHEN RESPONDENT COUNSEL SOCIÉTÉ DE SERVICES MCAP Mtre ASHLEY KANDESTIN (De Grandpré Chait s.e.n.c.r.l.) DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of the proceeding on January 12, 2017 by the Honourable Kirkland Casgrain of the Superior Court, District of Longueuil Clerk: Adam Scott Courtroom: RC.18

HEARING 10:35 Commencement of the hearing. Identification of counsel. Exchange between the judge and counsel. 10:39 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing. (

s) Adam Scott Clerk BY THE JUDGE JUDGMENT [ 1 ] The petitioner, in this case, seeks leave to appeal of the judgment rendered in the course of the proceedings on January 12, 2017 by Justice Casgrain. The petitioner also filed a notice of appeal (500-09-026678-177) as of right in respect of a final judgment rendered on Febuary 13, 2017 by Justice Poirier in the same case in the Superior Court. [ 2 ] In theory, an appeal of an interlocutory judgment is moot once the final judgment is rendered. [ 3 ] Here, it’s an unusual situation. The interlocutory judgment dismisses the defense of the petitioner.

Therefore, it was not taken into account in the final judgment. There’s a debate to have on this issue. [ 4 ] Considering that counsel for the respondent announces their intention to file a motion to dismiss the appeal of the final judgment, I think it is appropriate to defer the amended application for leave to appeal to the panel of the Court to be seized with respondent’s motion to dismiss, or in the absence of such a motion, to the panel of the Court that will hear the appeal on the merits.

FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] ORDERS that files 500-09-026612-176 and 500-09-026678-177 be joined; [ 6 ] DEFERS the amended application for leave to appeal to the panel of the Court to be seized with respondent’s motion to dismiss, or in the absence of such a motion, to the panel of the Court that will hear the appeal on the merits; [ 7 ] THE WHOLE , without costs. YVES-MARIE MORISSETTE, J.A.