2016 QCCA 1308, 2016 QCCA 1308

Valeant Pharmaceuticals International Inc. c. Catucci 2016 QCCA 1308 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026247-163 (500-06-000783-163) MINUTES OF THE HEARING DATE: August 10, 2016 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONER COUNSEL VALEANT PHARMACEUTICALS INTERNATIONAL INC. Mtre ÉRIC PRÉFONTAINE Mtre ALEXANDRE FALLON ( Osler, Hoskin & Harcourt, S.E.N.C.R.L./s.r.l. ) RESPONDENTS COUNSEL CELSO CATUCCI NICOLE AUBIN Mtre SHAWN FAGUY ( Faguy & Cie, avocats inc.) Mtre samy elnemr ( Siskinds Desmeules) IMPLEADED PARTIES COUNSEL

howard b. schiller Mtre andré ryan Mtre SHAUN FINN ( BCF s.e.n.c.r.l. ) pricewaterhousecoopers LLP Mtre PIERRE Y. LEFEBVRE ( Fasken Martineau DuMoulin SENCRL, s.r.l.)

j. michael pearson robert l. rosiello robert a. ingram robert h. farmer theo melas-kyriazi g. mason morfit laurence paul robert n. power norma a. provencio lloyd m. segal katharine b. stevenson fred hassan colleen goggins anders o. lonner jeffrey w. ubben GOLDMAN SACHS & CO.

GOLDMAN SACHS canada inc. deutsche bank securities inc. barclays capital inc. hsbc securities (usa) inc. mitsubishi ufj securities (usa) inc. dnb markets inc. rbc capital markets llc morgan stanley & co. llc suntrust robinson humphrey inc. citigroup global markets inc. cibc world markets corp. smbc nikko securities america inc. td securities (usa) llc j.p. morgan securities llc merrill lynch, pierce, fenner & smith incorporated bmo capital markets corp. Mtre william mcnamara Mtre MARIE-ÈVE GINGRAS ( Société d'Avocats Torys S.E.N.C.R.

L) DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of proceedings on July 11, 2016 by the Honourable Chantal Chatelain of the Superior Court, District of Montreal and for issuance of a safeguard order. (Articles 31, 357 and 379 C.C.P. )

Clerk: Mihary Andrianaivo Courtroom: RC-18 HEARING 14:02 Commencement of the hearing. The Judge informs the parties that he was only made aware of the application for leave by PricewaterhouseCoopers LLP a few minutes ago. The said application was supposed to be heard along with that of Valeant Pharmaceuticals International Inc . today but was not placed on the roll.

Under the circumstances, the Judge observes that he is inclined to adjourn the hearing of the two applications to next week or later. 14:03 Discussion ensues between Counsel for all parties and the Judge as to the appropriateness of proceeding today or at a later date. 14:11 Mtre Préfontaine moves for an issuance of a safeguard order in case the hearing has to be postponed. 14:12 Exchanges between the Judge and the parties. The parties agree on the Judge’s suggestion to postpone the hearing to August 17, 2016. 14:15 Recess. 14:23 Resumption of the hearing.

BY THE JUDGE: Judgment on the postponement of the hearing and on the issuance of a safeguard order – See page 4. 14:25 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] An error was made in the Registry of the Court; as a result, a motion by PricewaterhouseCoopers LLP was not placed on today’s roll.

The parties generously agree to reschedule the hearing of the two motions to August 17, 2016, at 9:30 a.m. before the sitting judge in chambers, in RC-18. [ 2 ] I understand from the parties that an agreement was in place not to proceed with the examination of Mr Tanner until judgment was rendered in the Superior Court. There is some uncertainty as to whether that agreement remains in force. In order to make plain that Mr Tanner’s examination shall not take place until judgment on the two motions for leave. I render the following safeguard order.

THEREFORE, THE UNDERSIGNED: [ 3 ] ORDERS that the examination of Mr Gary Tanner in connection with the “1782 Application” in this file shall not take place until judgment is rendered on the motions for leave to appeal brought by Valeant Pharmaceuticals International Inc . and PricewaterhouseCoopers LLP by the judge chambers, to be heard on August 17, 2016, at 9:30 a.m., in courtroom RC-18.

[ 4 ] Without legal costs. NICHOLAS KASIRER, J.A.