Fleming c. McGill University 2016 QCCA 433 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025487-158 (500-22-211123-149) MINUTES OF THE HEARING DATE: March 10, 2016 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. APPELLANT ATTORNEY JAMES FLEMING IN PERSON RESPONDENT ATTORNEY MCGILL UNIVERSITY Mtre ANNIE MARIE BOURGEOIS (Langlois avocats, S.E.N.C.R.L.) DESCRIPTION: Motion to suspend appellant’s appeal, pending the administration of new evidence (Sections 380 (2) and 49 of the N.C.C.P.) Clerk: Shirley Thomas Courtroom: RC-18 HEARING

10 :57 Commencement of the hearing. Identification of parties. Mr Fleming appears alone. The motion is not contested. 10 : 58 Exchange between the Judge and Mtre Bourgeois. 11 : 07 Recess. 11 : 28 Resumption of the hearing. 11 : 28 Exchange between the Judge and Mtre Bourgeois. 11 : 31 Exchange between the Judge and Mtre Fleming. 11 : 32 Representations by Mr Fleming and exchange between the Judge and Mr Fleming. 11 : 40 By the Judge: Judgment – see page 3. 11 : 42 Conclusion of the hearing.

SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] Considering the motion to suspend the appeal pending the administration of new evidence; [ 2 ] Considering the judgment rendered by this Court on February 15 th , 2016 which orders that the case be referred back to the Court of Quebec so that further proof may be made in accordance with

article 380 of the Code of Civil Procedure ; [ 3 ] Considering the importance of ensuring that the evidence be adduced in the Court of Quebec in a timely fashion so as not to cause unreasonable delays before this Court; THEREFORE, THE UNDERSIGNED: [ 4 ] GRANTS the motion; [ 5 ] ORDERS the suspension of the appeal pending the administration of new evidence until June 10, 2016; [ 6 ] LEGAL COSTS to follow. GENEVIÈVE MARCOTTE , J.A.