Gindis c. Nuns' Island Investments Inc. 2023 QCCA 1396 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030700-231 ( 500-17-068423-113 ) MINUTES OF HEARING DATE: November 6, 2023 CORAM: THE HONOURABLE MARK SCHRAGER, J.A. CHRISTINE BAUDOUIN, J.A. ÉRIC HARDY, J.A. APPELLANT/INCIDENTAL RESPONDENT COUNSEL TAMAR GINDIS, acting as Arthur Garmaise’s trustee Mtre MAX R. BERNARD ( LCM Avocats ) By videoconference RESPONDENTS/INCIDENTAL APPELLANTS COUNSEL NUNS' ISLAND INVESTMENTS INC. NUNSUBCO TROIS INC.

Mtre JOHN CHEDID ( IMK ) By videoconference On appeal from a judgment rendered on August 1st, 2023 , by the Honourable Andres C. Garin of the Superior Court , District of Montreal . DESCRIPTION: Motion for permission to file a notice of incidental appeal outside the delay. (Art. 363 C.C.P. ) Clerk at the hearing : René Gutknecht Courtroom: Pierre-Basile-Mignault HEARING 9:30 Commencement of the hearing. Identification of the file and counsel. Preliminary remarks by the Court. 9:31 Discussion between the Court and the counsel. 9:32 BY THE COURT: Judgment – see page 3. 9:33 Conclusion of the hearing.

René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] Seeing the Motion for permission to file a notice of incidental appeal outside the delay and the supporting affidavit of the bailiff; [ 2 ] Considering that the bailiff’s error constitutes for the Respondent an impossibility to act; [ 3 ] Considering the grounds of the incidental appeal; [ 4 ] Considering the absence of contestation.

THE COURT: [ 5 ] GRANTS the motion for permission to file a notice of incidental appeal outside the delay; [ 6 ] EXTENDS the delay for the filing of an incidental appeal until November 7, 2023; [ 7 ] TAKES cognizance of the declaration of incidental appeal; [ 8 ] THE WHOLE without legal costs. MARK SCHRAGER, J.A. CHRISTINE BAUDOUIN, J.A. ÉRIC HARDY, J.A.