2023 QCCA 1367, 2023 QCCA 1367
Opinion
Concept Special Risks Ltd. c. Telmosse 2023 QCCA 1367 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030634-232 ( 700-17-018893-221 ) MINUTES OF HEARING DATE: November 1 st , 2023 THE HONOURABLE FRÉDÉRIC BACHAND, J.A. APPELLANTS COUNSEL CONCEPT SPECIAL RISKS LTD MARK THOMAS SARAH DELACEY-SIMMS Mtre ALEXIS ALAIN LERAY ( Borden Ladner Gervais ) By videoconference RESPONDENT ANDRÉ TELMOSSE PRESENT AND UNREPRESENTED By videoconference On appeal from a judgment rendered on May 30, 2023 , by the Honourable Karen M. Rogers of the Superior Court , District of Terrebonne .
DESCRIPTION: Application to stay the appeal. (Art. 156, 377, 378 C.C.P. ) Clerk at the hearing : Chloé Côté-Sauvageau Courtroom: RC-18
HEARING 9:27 Commencement of the hearing. Identification of the file and parties. Preliminary remarks by the Judge. Submissions by Mtre Leray. 9:28 Questions by the Judge and answers by Mtre Leray. 9:29 Discussion between the Judge and Mr. Telmosse. 9:30 Comment by the Judge. 9:31 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing.
Chloé Côté-Sauvageau, Clerk at the hearing JUDGMENT [ 1 ] Given that the parties are currently in the process of finalizing an out-of-court settlement to which they have recently agreed in principle, the appellants — who had until November 3, 2023, to file their brief — ask that the appeal be stayed.
The respondent consents to the application. [ 2 ] The parties have indicated that they expect to be in a position to file their notice of settlement not later than January 26, 2024. [ 3 ] In the circumstances, I am of the view that the appeal ought to be stayed until January 26, 2024, or any other date set by the Court or one of its judges. FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] GRANTS the application to stay the appeal; [ 5 ] STAYS the appeal until January 26, 2024, or any other date set by the Court or one of its judges; [ 6 ] THE WHOLE , without legal costs. FRÉDÉRIC BACHAND, J.A.
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