2014 QCCA 593, 2014 QCCA 593
Opinion
9185-5908 Québec inc. (Bio-Dis) c. Conditionnement Bio-Pak inc. 2014 QCCA 593 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023047-129 (500-17-059084-106 et 500-17-041815-088) MINUTES OF THE HEARING DATE: March 17, 2014 CORAM: THE HONOURABLE ALLAN R. HILTON, J.A. DOMINIQUE BÉLANGER, J.A. MARTIN VAUCLAIR, J.A. APPELLANTS ATTORNEY 9185-5908 QUÉBEC INC. (Bio-dis) JEAN-CLAUDE LÉVY Mtre Serge Amar Miller Thomson SENCRL / LLP RESPONDENTS ATTORNEY CONDITIONNEMENT BIO-PAK INC. ALEX AZOULAY Mtre Sylvan Schneider Schneider Avocat Inc.
Respondents' motion to be relieved of the default to produce their factum within the prescribed delay and to extend the delay to produce respondents' factum (Articles 2, 20, 46, 502, 505 C.c.p.) Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 10 h 08 Mtre Sylvan Schneider ask to the Court the permission to produce his factum. 10 h 08 Submissions by Mtre Serge Amar. 10 h 17 Submissions by Mtre Sylvan Schneider. 10 h 22 Ends of arguments. 10 h 22 Suspension. 10 h 29 Resumption. BY THE COURT: Unanimous judgment rendered by the Honourable Mr. Justice Allan R. Hilton, J.A. – see page 3.
Marcelle Desmarais Clerk BY THE COURT JUDGMENT [ 1 ] Despite the delays incurred by the Respondents, the explanations furnished are sufficient to explain them.
[ 2 ] Dismissing the Respondents’ motion would have the effect of depriving the panel of the Court hearing the appeal with the benefit of hearing both sides of the case, in which the Respondents prevailed in the Superior Court.
THEREFORE, THE COURT: [ 3 ] GRANTS the Respondents’ motion to be relieved from their default to produce their factum within the prescribed delay; [ 4 ] ANNULS the notice of forclosure dated September 17, 2013 and AUTHORIZES the filing of the requisite number of copies of its factum after having served same on the Appellant's counsel, the whole on/or before 4:30 pm on March 18, 2014. [ 5 ] With costs against the Respondents. ALLAN R. HILTON, J.A. DOMINIQUE BÉLANGER, J.A. MARTIN VAUCLAIR, J.A.
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