2019 QCCA 336, 2019 QCCA 336

Ouellet c. United States Securities and Exchange Commission 2019 QCCA 336 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC No: 200-09-009870-186 (200-17-028239-184) DATE: February 8, 2019 CORAM: THE HONOURABLE LOUIS ROCHETTE, J.A. FRANÇOIS PELLETIER, J.A. GUY GAGNON, J.A. YAN OUELLET APPELLANT – Defendant v.

UNITED STATES SECURITIES AND EXCHANGE COMMISSION RESPONDENT – Plaintiff and PLEXCORPS (a/k/a and d/b/a PLEXCOIN and SIDEPAY.CA) DOMINIC LACROIX SABRINA PARADIS-ROYER IMPLEADED PARTIES – Impleaded parties JUDGMENT [*] [ 1 ] WHEREAS the Respondent United States Securities and Exchange Commission (“SEC”) commenced an Application before the Quebec Superior Court of Justice (“Superior Court”), to obtain evidence (including production of documents and oral testimony by deposition) from Yan Ouellet (“the Appellant”) pursuant to a formal request dated 16 April 2018 by the Honourable Judge Robert Levy (the “Request”) of the United States District Court for the Eastern District of New York (“U.S.

District Court”); [ 2 ] WHEREAS the Request was granted within a civil proceeding commenced in the U.S.

District Court on 1 December 2017 (No. 17 Civ. 7007 CBA) by the SEC against PlexCorps (a/k/a and d/b/a Plexcoin and Sidepay.ca), Dominic Lacroix, and Sabrina Paradis-Royer; [ 3 ] WHEREAS the Application to enforce the Request in the Superior Court was heard by the Honourable Denis Jacques j.c.s. in the District of Quebec on 19 September 2018 and the Application was opposed by the Appellant; [ 4 ] WHEREAS the Application to enforce the Request was granted in a decision by the Honourable Denis Jacques on 2 October 2018 (the “Judgment”); [ 5 ] WHEREAS the Judgment under appeal ordered the Appellant to:

i) deliver the documents described in the Request to Gowling WLG within 14 days; and ii) appear, on a date to be agreed upon, and identify/authenticate the documents produced according to the Request and otherwise be examined under oath by counsel for the SEC; [ 6 ] WHEREAS on 17 October 2018 the Appellant filed a notice of appeal of the Judgment (“Notice of Appeal”) before the Quebec Court of Appeal, District of Quebec; [ 7 ] WHEREAS the Appellant asserts in the Notice of Appeal, among other things, that the Judgment under appeal should have ordered the SEC to undertake to limit use of documents and testimony obtained from the Appellant under the Request; [ 8 ] WHEREAS that the Appellant and the SEC attended a settlement conference and renounced to the hearing of the case; [ 9 ] WHEREAS the Appellant and the SEC have reached an agreement under which the Appellant agrees to comply with the Judgment, with the undertaking by the SEC to limit the use of the evidence obtained as described by the Court of Appeal’s order below; FOR THESE REASONS, THE COURT: [ 10 ] GRANTS , in part, the appeal with regard to the requirement to limit the use of the evidence to be provided by the Appellant pursuant to the Request;

[ 11 ] DECLARES AND ORDERS that the Respondent may only use the documents and testimony obtained from the Appellant pursuant to the Request for purposes of U.S.

District Court Proceedings in case No. 17 Civ. 7007 CBA; [ 12 ] ORDERS that no other use may be made by the Respondent of the documents and testimony obtained from the Appellant pursuant to the Request except with leave of a judge of the Quebec Superior Court; [ 13 ] CONFIRMS that if a third party wishes to have access to the documents and testimony obtained under the Request, the third party must obtain the Appellant's written consent or leave of a judge of the Quebec Superior Court; [ 14 ] The whole without costs. LOUIS ROCHETTE, J.A. FRANÇOIS PELLETIER, J.A. GUY GAGNON, J.A.

Mtre Rose-Mélanie Drivod Drivod Services Juridiques For appellant Mtre Guy Poitras Gowling WLG For respondent