2017 QCCA 1246, 2017 QCCA 1246

Bordo c. Reinblatt 2017 QCCA 1246 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026975-177 (500-17-081337-142) MINUTES OF THE HEARING DATE: August 16, 2017 THE HONOURABLE MARTIN VAUCLAIR, J.A. PETITIONER COUNSEL SAMUEL BORDO Mtre MICHAEL D. WORSOFF (Campbell Cohen Worsoff) RESPONDENTS COUNSEL GERALD REINBLATT REINCOR INC. DARREN M. REINBLATT CPA INC. DARREN REINBLATT JASON REINBLATT BRAHM REINBLATT Mtre MICHAEL SCHACTER (Kaufman Laramée s.e.n.c.r.l.) DESCRIPTION: Application for leave to appeal from a judgment rendered on 27 juin 2017, by the Honourable Stephen W.

Hamilton of the Superior Court, District of Montréal. (Articles 30, para. 2(8) and 3, 357 C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 14:00 Commencement of the hearing. Submissions by Mtre Worsoff. 14:23 Submissions by Mtre Schacter. 14:35 Rebuttal by Mtre Worsoff. 14:36 Recess. 14:55 Resumption of the hearing. BY THE JUDGE: Judgment – See page 3. 14:58 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The petitioner seeks leave to appeal a judgment rendered by the Superior Court (Honourable Stephen W.

Hamilton), District of Montreal, on June 27, 2017, granting in part the garnishees’ application to dismiss the petitioner’s application contesting the garnishees’ negative declaration. [ 2 ] Leave to appeal from a judgment ruling on matters of execution will be granted if the matter at issue is one that should be submitted to the Court because it is either a question of principle, a new issue or an issue of law that has given rise to conflicting judicial decisions:

article 30 C.C.P . [ 3 ] According to the petitioner, the questions raised by the application should be submitted to the Court of Appeal because they have given rise to conflicting judicial decisions. [ 4 ] Having seen the application and heard the petitioner, however, in my view it appears that he seeks to revisit the judge’s findings of fact. [ 5 ] Petitioner argues that the judge failed to follow the jurisprudence of this Court and submits two decisions in this regard: Québec (Sous-ministre du Revenu) c. 9087-3118 Québec inc ., 2010 QCCA 1470 and 3979229 Canada inc. c.

Commission des normes du travail , 2010 QCCA 1412 . With respect, this would be, at best, an error of law, but does not satisfy me that there are conflicting judicial decisions on the matter. [ 6 ] At the hearing, the petitioner further stated that the judge raised the matter of alter ego proprio motu , not giving him the chance to respond properly and fully. After reviewing the file, however, it is clear that the question of alter ego was a live issue, being a conclusion of the petitioner’s application.

Since the respondent was asking the judge to dismiss the application as clearly unfounded and frivolous, the petitioner must have known that all his conclusions were contested. Thus, the judge was required to examine the alter ego argument. The fact that counsel did not, on either side it seems, press any specific arguments does not, in these circumstances, give rise to an audi alteram partem argument. THEREFORE, THE UNDERSIGNED: [ 7 ] DISMISSES the motion, with legal costs.

martin vauclair , J.A.