9200-3532 Québec inc. c. MTY Tiki Ming Entreprises Inc. 2015 QCCA 662 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025154-154 (500-17-072861-126) MINUTES OF THE HEARING DATE : April 7, 2015 THE HONOURABLE MADAM JUSTICE MANON SAVARD PETITIONERS COUNSEL 9200-3532 QUÉBEC INC. NADER SHARIFI ASSUNTA LENTINI Mtre ANDREW H. HEFT (Me Andrew H. Heft, avocats-attorneys) RESPONDENT COUNSEL MTY TIKI MING ENTREPRISES INC. Mtre PHILIPPE COLIVAS (Les Entreprises MTY Tiki Ming Inc) DESCRIPTION : Motion for leave to appeal (Art. 29 & 511 C.C.P.) Clerk : Asma Berrak Courtroom : RC-18

HEARING 9:41 Commencement of the hearing. Identification of counsel. Submission by Mtre Heft. 9:51 Submission by Mtre Colivas. 10:01 Reply by Mtre Heft. 10:06 Suspension of hearing. 10:16 Resumption of hearing. Judgment-see page 3. 10:18 Conclusion of the hearing. Clerk BY THE JUDGE JUDGMENT [ 1 ] The Applicants seek leave to appeal from a judgment of the Superior Court, District of Montreal (Honourable Christiane Alary), who, on March 20, 2015, dismissed their motion for postponement of the hearing of the trial scheduled to begin on April 7, 2015. [ 2 ] Assuming that such judgment be appealable pursuant to

article 29 C.C.P., the motion for leave to appeal should be dismissed. The judge based her decision, among other things, on her review of the file and three affidavits that led her to conclude that the Petitionners have not been diligent in the handling of their file. The judgment is a simple case-management decision, which rests on the vast discretionary powers of the judge. The case-law makes very clear that the Court will not interfere with such judgments, unless they are flagrantly flawed and constitute a denial of justice. Applicants have not convinced me that such is the case in the present matter. THEREFORE, THE UNDERSIGNED: [ 3 ] DISMISSES the motion, with costs. MANON SAVARD , J.A.