Steinberg c. Kerner 2017 QCCA 2072 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027163-179 (500-17-098284-170) MINUTES OF THE HEARING DATE: December 13, 2017 THE HONOURABLE MARTIN VAUCLAIR, J.A. PETITIONER COUNSEL AVI STEINBERG Mtre MICHAEL HOLlANDER (Oiknine & Associé

s) RESPONDENT COUNSEL JAMIN KERNER Mtre Andrew H. Heft (Heft Droit de la famille/Family Law Inc.) DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of the proceedings on October 16, 2017 by the Honourable David Collier of the Superior Court, District of Montreal. (Art. 31 para. 2 and 357 C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 9:31 Commencement of the hearing. Submission by Mtre Michael Hollander. 9:53 Submission by Mtre Andrew H. Heft. 10:01 Rebuttal by Mtre Hollander. 10:04 Recess. 10:10 Resumption of the hearing. BY THE JUDGE: Judgment – See page 3. 10:12 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The Superior Court authorized an amendment to a pleading. Petitioner seeks leave to appeal.

Article 31 of the Code of Civil Procedure governs. [ 2 ] The Petitioner makes the argument that the objection to the amendment was the admissibility of the proposed evidence, hence, the judge ruled on its admissibility. [ 3 ] The Superior Court, however, did not rule on the admissibility of any piece of evidence and, I agree with Mtre Heft, even if he had so decided, his decision is not binding on the trial judge. In sum, the Petitioner does not show that the decision determines part of the dispute or causes him you irremediable injury. [ 4 ] Therefore, the motion is DISMISSED , with judicial costs. MARTIN VAUCLAIR, J.A.