2011 QCCA 1102, 2011 QCCA 1102

Boileau c. Silverstein 2011 QCCA 1102 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021424-114 ( 500-17-061806-108 ) MINUTES OF THE HEARING DATE: June 10, 2011 CORAM: THE HONOURABLE PIERRE J. DALPHOND, J.A. MARIE-FRANCE BICH, J.A. JACQUES A. LÉGER, J.A. APPELLANT(

S) ATTORNEY(

S) LOUISE BOILEAU Mtre Guy Ste-Marie STE-MARIE GUTKIN RESPONDENT(

S) ATTORNEY(

S) JESSICA SILVERSTEIN AND JARRAD FREEMAN Mtre Tina Silverstein FISHMAN FLANZ MELAND PAQUIN ATTORNEY(

S) On appeal from a judgment rendered on January 20, 2011 by the Honourable Mr. Justice Claude Larouche of the Superior Court, District of Montreal. NATURE OF THE APPEAL : DECLARATORY JUDGMENT Clerk: MARC LEBLANC Courtroom: PIERRE-BASILE-MIGNAULT HEARING 10 h 14 Beginning of the hearing. 10 h 14 Argument of Mtre Silverstein. 10 h 30 Argument of Mtre Ste-Marie. 10 h 33 Suspension of the hearing. 10 h 44 Resumption of the hearing. Judgment rendered – see page 3. 10 h 45 The hearing is concluded. Marc Leblanc Clerk BY THE COURT JUDGMENT

[ 1 ] The judge of the Superior Court, without the benefit of any evidence, decided the meaning of the contract between the parties. This could not be done at this very preliminary stage of the action, especially in view of

article 1426 of the Civil Code of Quebec . Nor could the judge condemn the appellant to punitive damages. [ 2 ] The dispute between the parties falls squarely within the realm of

article 453 of the Code of Civil Procedure . [ 3 ] FOR THESE REASONS, THE COURT : [ 4 ] GRANTS the appeal, with costs; [ 5 ] QUASHES the judgment of the Superior Court; [ 6 ] DISMISSES the motion to dismiss, with costs; [ 7 ] INVITES the parties to settle the dispute amicably. PIERRE J. DALPHOND, J.A. MARIE-FRANCE BICH, J.A. JACQUES A. LÉGER, J.A.