Mitchell c. E. Stuart and Janet E. Mitchell Family Living Trust 2015 QCCA 134 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No: 200-09-008889-146 (240-17-000162-137) MINUTES OF THE HEARING DATE : January 26th, 2015 THE HONOURABLE JULIE DUTIL, J.C.A. (JD1952) PETITIONER COUNSEL LYNNE MITCHELL PERSONALLY RESPONDENTS COUNSEL THE E. STUART AND JANET E. MITCHELL FAMILY LIVING TRUST, SUANNE MITCHELL-JACKSON, KEITH MITCHELL and MARK A. BALABAN Mtre MARIE-ÈVE BOURRÉ (Perreault Avocat) In appeal of a judgment rendered on November 19th, 2014 by the Honourable Justice Georges Taschereau of the Superior Court, district of Charlevoix.

DESCRIPTION : Motion for leave to appeal from an interlocutory judgment CLERK : Rose-Marie Rousseau (TR1540) COURTROOM : 4.30 — CONFERENCE CALL HEARING 9 h 32 The judge speaks to Mrs Mitchell; 9 h 33 Observations of Mrs Mitchell; Observations of the judge; Mrs Mitchell continues; 9 h 35 Intervention of Mtre Bourré; Discussions; Mrs Mitchell continues; 9 h 40 Suspension; 9 h 52 Resumption; Judgment; 9 h 53 Discussions. (

s) Court clerk BY THE JUDGE JUDGMENT [ 1 ] The petitioner seeks leave to appeal from an interlocutory judgment of the Superior Court rendered on November 19th, 2014. [ 2 ] On October 29th, 2014, the petitioner presented two motions for the dismissal of an action and quash of seizure. The lawyer of the respondents opposed the motions, arguing that the Superior Court had already rendered judgment on the questions raised therein. [ 3 ] The petitioner argued that since the respondents failed to inscribe the case for proof and hearing, the judge should dismiss the action.

The respondents then asked the judge to be relieved from the consequences of their failure to inscribe in a timely fashion. [ 4 ] In his judgment of October 29th, 2014, the judge agreed to give the respondents until December 8th, 2014 to inscribe the case for proof and hearing and did not dispose of the two motions presented by the petitioner. [ 5 ] Since the motions are still under advisement, the petitioner’s motion to appeal is premature. THEREFORE, THE UNDERSIGNED : [ 6 ] DISMISSES the motion for leave to appeal, without costs.