2013 QCCA 1268, 2013 QCCA 1268

Transcore Linklogistics c. Mike's Transport and Auto Haul Inc. 2013 QCCA 1268 COUR D'APPEL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-09-023650-138 (500-17-073981-121) MINUTES OF THE HEARING DATE: July 17, 2013 THE HONOURABLE MR JUSTICE ALLAN R. HILTON PETITIONER ATTORNEY TRANSCORE LINKLOGISTICS Mtre Daniel Urbas BORDEN LADNER GERVAIS, S.E.N.C.R.L., S.R.L. RESPONDENT ATTORNEY MIKE'S TRANSPORT AND AUTO HAUL INC. Mtre Erik Paul Masse BÉLANGER, SAUVÉ SENCRL IMPLEADED PARTIES ATTORNEY NEWELL'S EXPRESS AND WAREHOUSING LIMITED & AXA ASSURANCES INC. Mtre Christina Parent-Roberts HARVEY, LEDUC

PETITIONER TRANSCORE LINKLOGISTICS' (''TRANSCORE'') MOTION FOR LEAVE TO APPEAL AN INTERLOCUTORY JUDGMENT (Art. 29, 494 and 511 C.p.

c) Clerk: Asma Berrak Court Room: RC.18 HEARING 10 h 32: Commencement of the hearing. Identification of counsel. 10 h 32: Submission by Mtre Urbas. 10 h 43: Comments by Mtre Masse. 10 h 43: Submission by Mtre Parent-Roberts. 10 h 44: Judgment - see page 3. 10 h 45: Conclusion of the hearing.

Asma Berrak Clerk JUDGMENT [ 1 ] Without expressing any opinion on the correctness of the judgment, or the likelihood of the success of the proposed appeal, I am of the view that the jurisdictional issue the motion for leave to appeal raises ought to be examined by the Court of Appeal. [ 2 ] Given that, there should be case management of the appeal; [ 3 ] Given rules 48 and 49 of the Rules of the Court of Appeal in Civil Matters , which reads as follows: 8. Abandonment.

Where the appellant’s arguments and documents standing in lieu of the factum are not served and filed within the established time limit, the appeal shall be deemed to be abandoned and

article 503.1 of the Code of Civil Procedure shall apply, mutatis mutandis . 9. Foreclosure. Where the respondent’s argument and, if applicable, documents standing in lieu of the factum are not served and filed within the established time limit, the respondent shall be foreclosed from filing and

article 505 of the Code of Civil Procedure apply, mutatis mutandis . THEREFORE, THE UNDERSIGNED:

[ 4 ] GRANTS leave to appeal; [ 5 ] ORDERS the suspension of proceedings in first instance; [ 6 ] PLACES the case on the role of November 29, 2013 in Room Pierre-Basile-Mignault for a 90 minute hearing; [ 7 ] ORDERS the appellant, after having served a copy upon the respondent and the impleaded parties, to file in the office of the Court, no later than September 12, 2013 , five copies of a written argument not exceeding 20 pages, of the exhibits that would normally have made up Schedules I, II and III of his factum and of his authorities; [ 8 ] ORDERS the respondent, after having served a copy upon the appellant and the impleaded parties, file in the office of the Court, no later than November 1, 2013 , five copies of a written argument not exceeding 20 pages , of his supplementary documents and of his authorities; [ 9 ] ORDERS the impleaded parties, after having served a copy upon the appellant and the respondent, to file in the office of the Court, no later than November 1, 2013 , five copies of a written argument not exceeding 20 pages , of their supplementary documents and of his authorities; [ 10 ] ORDERS the parties to present their written arguments on 21.5 cm X 28 cm (8 ½ X 11 in.) paper, with line spacing of at least 1.5 lines (except in the case of quotations, which must be single-spaced and indented), and the computer-prepared text shall be in 12- point type, with no more than 12 characters per 2.5 cm, the use of the font ARIAL-12 being strongly recommended; [ 11 ] ORDERS that the documents filed by the parties carry a continuous pagination or tabs, a front cover and a general table of contents; [ 12 ] THE WHOLE , costs to follow.

ALLAN R. HILTON, J.A.