2017 QCCA 1199, 2017 QCCA 1199

Christina America inc. c. Van Ness 2017 QCCA 1199 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026627-174 (500-17-075267-123) MINUTES OF THE HEARING DATE: August 7, 2017 CORAM: THE HONOURABLE robert m. mainville , J.A. marie-josée hogue , J.A. patrick healy , J.A. APPELLANT CHRISTINA AMERICA INC. RESPONDENT COUNSEL KATHY VAN NESS Mtre RAPHAEL LEVY (Levy Tsotsis) On appeal from a judgment rendered on December 19, 2016 by the Honourable Justice Christian J. Brossard of the Superior Court, District of Montreal

DESCRIPTION : Amended Application to dismiss an appeal. (Article 364 C.C.P .) Clerk: Mihary Andrianaivo Courtroom: Pierre-Basile-Mignault HEARING 9:35 Commencement of the hearing. Exchanges between the Court and Mtre Levy. 9:36 BY THE COURT: Judgment – see page 3. End of the hearing. Mihary Andrianaivo Clerk BY THE COURT JUDGMENT [ 1 ] WHEREAS by judgment of December 19, 2016, the Superior Court, District of Montreal (the Honourable Christian J. Brossard), ordered appellants Christina America Inc. (“Christina”) and U.B.I.

Apparel Inc. (“U.B.I.”) to pay certain amounts to the respondent; [ 2 ] WHEREAS Christina and U.B.I. filed notices of appeal with respect to the said judgment; [ 3 ] WHEREAS appellant U.B.I. has subsequently withdrawn its appeal; [ 4 ] WHEREAS on or about March 31, 2017, Christina filed a Notice of Suspension under subsection 69.3(1) of the Bankruptcy Act , R.S.C., 1985, c.

B-3 ; [ 5 ] WHEREAS on July 4, 2017, the Court ordered that the Respondent could seek to dismiss the appeal on August 7, 2017 should the bankruptcy trustee fail to appear. [ 6 ] WHEREAS the bankruptcy trustee has subsequently failed to continue the appeal. FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the Amended Motion of Respondent for Dismissal of the Appeal. [ 8 ] DISMISSES the appeal of Appellant Christina America Inc., with legal costs.

ROBERT M. MAINVILLE, J.A. MARIE-JOSÉE HOGUE, J.A. PATRICK HEALY, J.A.