2022 QCCA 1472, 2022 QCCA 1472

Réception de Zenda Glenhill Holdings Corporation 2022 QCCA 1472 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030184-220 ( 500-11-057811-206 ) MINUTES OF HEARING DATE: October 24, 2022 CORAM: THE HONOURABLE ROBERT M. MAINVILLE, J.A. SUZANNE GAGNÉ, J.A. FRÉDÉRIC BACHAND, J.A.

IN THE MATTER OF THE RECEIVERSHIP OF: ZENDA GLENHILL HOLDINGS CORPORATION ZENDA BRIDGEWATER HOLDINGS CORPORATION ZENDA DUCKWORTH STREET HOLDINGS CORPORATION ZENDA WATERSIDE COMMONS HOLDINGS CORPORATION ZENDA STONE CREEK HOLDINGS CORPORATION ZENDA OMNI HOLDINGS CORPORATION ZENDA ORLEANS SQUARE HOLDINGS CORPORATION ZENDA BLUESTONE COMMONS HOLDINGS CORPORATION ZENDA MOUNT PEARL SQUARE HOLDINGS CORPORATION APPELLANT GERALD E. LEVY PRESENT AND UNREPRESENTED By videoconference RESPONDENT COUNSEL

RICHTER ADVISORY GROUP INC. Mtre GERALD F. KANDESTIN Mtre EVA RICHARD ( Kugler Kandestin ) By videoconference IMPLEADED PARTY COUNSEL TIME EQUITIES INC. Mtre NEIL H. STEIN Mtre NICHOLAS CHINE ( Stein & Stein ) By videoconference Mtre GREGORY AZANCOT ( Azancot & associés) ) By videoconference On appeal from a judgment rendered on August 1, 2022 by the Honourable Louis J. Gouin of the Superior Court , District of Montréal . DESCRIPTION: Application to dismiss an appeal (Article 365 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11:28 Commencement of the hearing.

Identification of counsel. Submissions by Mtre Kandestin. 11:40 Representations by Mtre Chine. 11:41 Submissions by Mr. Levy 11:59 Reply by Mtre Kandestin. 12h 05 Recess of the hearing. 12:17 Resumption of the hearing. 12:17 BY THE COURT : Judgment – see page 3. Robert Osadchuck, Clerk at the hearing

JUDGMENT [ 1 ] This case involves the alleged misappropriation by the appellant of some $11 million.

In July 2020, after having failed to provide a detailed affidavit substantiating his allegations regarding the use made of the funds in dispute, the appellant was found to be in contempt of court, ordered to pay a fine of $10,000 and sentenced to seven days’ imprisonment. [1] He was subsequently found to remain in contempt of court and sentenced to several additional terms of imprisonment. [2] [ 2 ] At issue today is an appeal brought by the appellant against the August 1, 2022, judgment in which he was ordered to pay another fine of $10,000 and sentenced to an additional 28 days in jail after the Superior Court found that he had yet again failed to provide a satisfactory report accounting for the funds in dispute. [3] [ 3 ] The respondent is asking the Court to summarily dismiss the appeal on the ground that it has no reasonable chance of success (article 365 para. 1 C.C.P. ). [ 4 ] The Court agrees with the respondent.

Several grounds of appeal have no merit whatsoever as they constitute collateral attacks on earlier judgments from the Superior Court as well as this court that are now res judicata . The other grounds appeal either point to no reviewable error or engage the appellant’s credibility, which the judgment under appeal found to be severely compromised by his continuously deceptive — and ever-changing — explanations regarding the use made of the funds in dispute.

The appellant has no chance of convincing a panel of the Court seized of the merits to overturn these findings of credibility. [ 5 ] The Court further notes that it is clear from the record that the appellant has been engaging in dilatory tactics and seeking to undermine the Superior Court’s authority. This appeal is yet another example of such tactics. FOR THESE REASONS, THE COURT: [ 6 ] GRANTS the application to dismiss the appeal; [ 7 ] DISMISSES the appeal from the judgment rendered by the Superior Court on August 1, 2022; [ 8 ] RETURNS the matter to Justice Louis J.

Gouin of the Superior Court to allow him to take appropriate measures to ensure the execution of his judgment; [ 9 ] THE WHOLE , with legal costs. ROBERT M. MAINVILLE, J.A. SUZANNE GAGNÉ, J.A. FRÉDÉRIC BACHAND, J.A.