Fitzback c. Edmond Nolin ltée 2013 QCCA 1318 COURT OF APPEAL CANADA PROVINCE OF QUÉBEC REGISTRY OF QUÉBEC N o : 200-09-008025-139 (200-17-016776-122) MINUTES OF THE HEARING DATE : August 5th, 2013 CORAM : THE HONOURABLE JULIE DUTIL, J.A. (JD1952) GUY GAGNON, J.A. (JG1348) JACQUES J. LEVESQUE, J.A. (JL2746) APPELANTS ATTORNEY LAUREN FITZBACK and ROBERT M. COUF PERSONALLY RESPONDENT ATTORNEY EDMOND NOLIN LTÉE Mtre YVES LEPAGE (Lepage, avocat) In appeal from a judgment rendered on March 27, 2013 by the Honourable Justice Pierre Ouellet of the Superior Court, district of Quebec.

DESCRIPTION : Motion to dismiss an appeal or, to alternatively, obtain security for costs (art. 501 (4.1) (5) & 497 C.c.p .) Court clerk : Julie Boudreault-Gravel (TB3311) Court room : 4.33 VISIOCONFERENCE Hearing 14 : 02 Comments of the Court; Mtre Lepage refers the Court to allegations in his motion and he reserves the right to reply the appellant. 14 : 04 Comments of Mr. Couf; Comments of the Court; 14 : 08 Monsieur Couf continues; 14 : 19 Suspension; 14 : 23 Monsieur Couf continues; 14 : 24 Reply of Mtre Lepage; 14 : 26 Suspension; 14 : 31 Judgment. (

s) Court clerk BY THE COURT JUDGMENT [ 1 ] The trial judge concluded that the contract had been signed by the appellants, personally, and not by the corporate entity 9193- 5924 Quebec Inc. The matter in issue was entirely one of credibility and therefore a question of fact lying well within the margin of appreciation of a first instance judge. Moreover, in making these findings of fact, the trial judge relied on other documents (P-3 and P-6) which are also consistent with his conclusion. [ 2 ] The Court is of the opinion that the appeal has no reasonable chance of success. FOR THESE REASONS, THE COURT: [ 3 ] GRANTS the motion, with costs; [ 4 ] DISMISSES the appeal, with costs.

JULIE DUTIL, J.A. GUY GAGNON, J.A. JACQUES J. LEVESQUE, J.A.