2021 QCCA 400, 2021 QCCA 400

7235313 Canada inc. c. Sobeys Capital incorporée 2021 QCCA 400 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029280-211 ( 500-17-110460-196 ) MINUTES OF HEARING DATE: March 8, 2021 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. PATRICK HEALY, J.A. STEPHEN W. HAMILTON, J.A. APPELLANT COUNSEL 7235313 CANADA INC. Mtre DOUG MITCHELL ( IMK ) (by videoconference) RESPONDENT COUNSEL SOBEYS CAPITAL INCORPORÉE Mtre JOËLLE BOISVERT ( Gowling WLG (Canada) ) (by videoconference) On appeal from a judgment rendered on December 7, 2020 by the Honourable Martin F.

Sheehan of the Superior Court , District of Montreal . DESCRIPTION: Application to dismiss an appeal (Article 365 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 12:04 Commencement of the hearing. Identification of counsel. 12:04 Submissions by Mtre Boisvert. 12:09 Submissions by Mtre Mitchell. 12:20 Reply by Mtre Boisvert

12:25 Recess of the hearing. 12:33 Resumption of the hearing. 12:33 By the Court: judgment – see page 3. Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] The appellant does not satisfy the Court that its appeal has any reasonable chance of success. The trial judge properly analysed the applicable legal principles and the appellant does not demonstrate any palpable and overriding error of fact. FOR THESE REASONS, THE COURT: [ 2 ] GRANTS the Motion to dismiss the appeal, with legal costs; [ 3 ] DISMISSES the appeal, with legal costs. YVES-MARIE MORISSETTE, J.A. PATRICK HEALY, J.A. STEPHEN W. HAMILTON, J.A.