2015 QCCA 1956, 2015 QCCA 1956

Rissaki c. Rizis 2015 QCCA 1956 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024610-149 (500-17-076186-132) MINUTES OF THE HEARING DATE: November 24, 2015 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE , J.A. NICHOLAS KASIRER , J.A. DOMINIQUE BÉLANGER , J.A. APPELLANT COUNSEL MARY RISSAKI Mtre JUDAH LYON WOLOFSKY ( Wolofsky et associé

s) RESPONDENTS COUNSELS HELEN RIZIS 9256-8492 QUÉBEC INC. (RESTAURANT YOTIS) Mtre DAVID BEAUDOIN ( BBK Avocats Inc. ) 8242135 CANADA INC. Mtre INGRID PARIENTÉ ( Parienté & Associés, s.n.)

7736304 CANADA INC. Mtre ROBERT PANCER ( Phillips Friedman Kotler s.e.n.c.r.l.) LE GROUPE D’INVESTISSEURS GERRY, MIKE & JOHN INC. (G.M.& J. INVESTMENTS GROUP INC.) 9229-0436 QUÉBEC INC. (EXCEL LITHO – LITHO EXCEL) JOHN (GEORGIOS) HIONIS GERRY HIONIS MICHAEL HIONIS ELEFTHERIA (RIA) TZANETAKOS LITHOGRAPHIE EXCEL 2000 INC. THE G.M. & J. TRUST Mtre PETER KARAVOULIAS ( Karavoulias Avocats) DENIS BEAUDRY 9270-8015 QUÉBEC INC. (IMPRIMEURS EXCEL-PRINTERS EXCEL) Mtre EDWARD J.

DRUKER (absent) ( Druker Narvey Green Schwartz) On appeal from a judgment rendered on June 23, 2014, by the Honourable Justice Stéphane Sansfaçon, of the Superior Court, District of Montreal. DESCRIPTION : Civil procedure – motion to be relieved from the default to inscribe –impossibility to act

Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 10 :45 Commencement of the hearing. Identification of counsel. 10:45 Exchanges between the Honourable Dominique Bélanger and the attorneys 10:48 Mtre Wolofsky indicated to the Court that company 9256-8492 Québec inc. (Restaurant Yotis) is bankrupt since November 25, 2013. 10:48 Submissions by Mtre Judah Lyon Wolofsky. 11:17 Suspension. 11:32 Resumption. 11:32 Submissions by Mtre David Beaudoin. 11:50 Submissions by Mtre Robert Pancer. 11:54 Submissions by Mtre Peter Karavoulias.

He informs the Court that among the parties he represents, only «The G.M. & J. Trust» is not bankrupt at this time. All the other Respondents which he represents either made an assignment or were declared bankrupt. 11:58 Submissions by Mtre Ingrid Parienté 12: 11 Mtre Wolofsky has no reply. 12:12 Mtre Pancer offers a clarification to the Court. 12:13 End of arguments 12:13 Suspension. 12:30 Resumption. BY THE COURT : Unanimous judgment rendered by the Honourable Yves-Marie Morissette, J.C.A. – see page 4.

Marcelle Desmarais Clerk BY THE COURT JUDGMENT [ 1 ] The Court is of the view, unanimously, that the judgment a quo is well-founded and that there were ample justifications for dismissing the appellant’s motion to be relieved from the default to file an inscription within the peremptory time limit. [ 2 ] Furthermore, it is apparent from the record that several of the fourteen respondents which are parties to the appeal procedure are currently or were recently bankrupt, that they are not regularly before the Court and that the judgment a quo is of no effect as far as they are concerned. [ 3 ] The record also shows that the appellant’s action against certain other respondents may not be prescribed. [ 4 ] FOR THESE REASONS, the Court: [ 5 ] DISMISSES the appeal, with costs in favour of the respondents now properly before the Court.

YVES-MARIE MORISSETTE, J.A.

NICHOLAS KASIRER, J.A. DOMINIQUE BÉLANGER, J.A.