2019 QCCA 191, 2019 QCCA 191

Eurobank Ergasias c. Bombardier inc. 2019 QCCA 191 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027718-188 (500-11-046106-148; 500-17-078501-130) MINUTES OF THE HEARING DATE: February 5, 2019 THE HONOURABLE NICHOLAS KASIRER, J.A. APPELLANT COUNSEL EUROBANK ERGASIAS S.A. Mtre KARIM RENNO Mtre ALEXANDRA QUIGLEY ( Renno Vathilakis inc . ) (Absent) RESPONDENTS COUNSEL BOMBARDIER INC. Mtre Jérémy boulanger-bonnelly ( Norton Rose Fulbright Canada LLP ) THE GENERAL DIRECTORATE FOR DEFENSE ARMAMENTS AND INVESTMENTS OF THE HELLENIC MINISTRY OF NATIONAL DEFENSE Mtre OVIDIU ROSU ( Angelopoulos & Kiriazis, s.e.n.c . )

NATIONAL BANK OF CANADA Mtre PATRICK OUELLET Mtre ÉRIC BÉDARD (Woods s.e.n.c.r.l.) (Absent) DESCRIPTION: Application of the appellant to file supplementary statement and for management of appeal hearing. (Art. 378, para. 3 C.C.P .) Clerk: Mai Nguyen Courtroom: RC-18 HEARING 9:32 Commencement of the hearing. Identification of counsel. Mtre Rosu does not contest the motion. 9:33 Exchanges between the Judge and counsel. 9:34 BY THE JUDGE: Judgment – see page 3. 9:35 Conclusion of the hearing.

Mai Nguyen Clerk BY THE JUDGE JUDGMENT [ 1 ] Bombardier Inc. (“Bombardier”), respondent in appeal, seeks leave to file a “supplementary statement” and or case management of the hearing in the appeal. [ 2 ] Bombardier states that the status of another party designated as respondent, the General Directorate for Defense Armaments and Investments of the Hellenic Ministry of National Defense (“HMOD”), is “highly irregular” insofar as that party has taken, in Bombardier’s view, a position adverse to the trial judge’s conclusion that HMOD acted fraudulently.

Bombardier contends that HMOD’s position is more in keeping with that of an appellant rather than a respondent. [ 3 ] The applicant wishes to be afforded the proper opportunity to respond to HMOD’s brief and submissions. Accordingly, it seeks permission to file a supplementary statement of argument of a maximum of five pages and asks that, at the hearing, HMOD plead after appellant Eurobank Ergasias SA and prior to the applicant’s own submissions as respondent. *** [ 4 ] The application rests on

article 378, para. 3 C.C.P ., specifically my power, as an appellate judge sitting alone, to decide

incidental matters, including authorization to file a “supplementary statement / énoncé supplémentaire ”. [ 5 ] The application is not contested. [ 6 ] Supplementary statements should be authorized with caution, if not to say sparingly, given the otherwise strict page limits for written argument on appeal. Here, I am satisfied that the circumstances described in the application are unusual – indeed exceptional – such that the addition is warranted in service of the efficient prosecution of the appeal.

The request to file a statement should be granted to ensure that the Court has full information in writing relevant to the matters at hand. [ 7 ] The request for case management shall be referred to the panel of the Court charged with hearing the appeal, in keeping with institutional practice, and in view of the fact that the chair and his or her colleagues will be in the best position to decide on the order of pleadings when materials from all parties have been submitted and considered.

WHEREFORE , the undersigned: [ 8 ] GRANTS the application in part; [ 9 ] AUTHORIZES the respondent Bombardier Inc. to file a supplementary statement of no more than five (5) pages in the Office of the Court, in the form and requisite number of copies set forth in the Civil Practice Regulation; [ 10 ] REFERS the request for a case management decision in paragraphs 2b. and 9 of this application to the panel of this Court charged with hearing this appeal for adjudication at such time as the panel sees fit; [ 11 ] DIRECTS the clerk of the Court to forward copies of this application to the members of the panel charged with hearing the appeal as soon as the date of hearing is fixed; [ 12 ] Without legal costs given the absence of contestation.

NICHOLAS KASIRER , J.A.