Barer c. Knight Brothers l.l.c. 2016 QCCA 1400 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026130-161 (500-17-076332-132) MINUTES OF THE HEARING DATE: August 29, 2016 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE , J.A. GUY GAGNON , J.A. MARIE-JOSÉE HOGUE , J.A. APPELLANT COUNSEL DAVID BARER Mtre LEON J. GREENBERG Mtre CHANTALE DALLAIRE (Sternthal Katznelson Montigny) RESPONDENT COUNSEL KNIGHT BROTHERS LLC M tre JONATHAN FRANKLIN (Franklin & Franklin) Mtre LAZAR SARNA

On appeal from a judgment rendered on May 5, 2016 by the Honourable Justice Marc- André Blanchard of the Superior Court, District of Montreal DESCRIPTION : Motion to dismiss the appeal or alternatively to the provision of a suretyship (Articles 364 and 365 C.p.c.) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING Counsel have been advised that the motion to dismiss is dismissed without a hearing and that the Court will hear the motion to the provision a suretyship. 9:55 Beginning of the hearing. 9:55 Submissions by Mtre Sarna. 10:02 Submissions by Mtre Greenberg. 10:23 Reply by Mtre Sarna. 10:33 Recess. 10:47 Resumption of the hearing. 10:47 By the Court: judgment – see page 3. 10:49 Conclusion of the hearing.

Robert Osadchuck Clerk BY THE COURT JUDGMENT On the motion to dismiss the appeal : [ 1 ] The motion is dismissed without a hearing and without legal costs. On the motion to the provision of a suretyship : [ 2 ] The appellant may have a viable appeal, which is the reason why this panel, perhaps dubitante , dismissed the respondent's motion to dismiss the appeal. [ 3 ] This said, as the trial judge noted, the appellant does appear to have consented to the jurisdiction of the US District Court for the District of Utah as his motion to dismiss raised jurisdictional but also non-jurisdictional grounds.

He then allowed the case to proceed by

default, which raises legitimate questions about the recovery of the money owed to the respondent pursuant to the judgment rendered in Utah on January 18, 2013. [ 4 ] We are therefore of the view that in the circumstances a suretyship to guarantee the payment of the appeal costs is appropriate, in the amount of 25 000 $ to be furnished within 30 days, and it is so ordered, costs to follow the outcome of the appeal. YVES-MARIE MORISSETTE, J.A. GUY GAGNON, J.A. MARIE-JOSÉE HOGUE, J.A.