Canadian Asset Based Lending Enterprise (Cable) Inc. c. Gestion Gamarco inc. 2016 QCCA 824 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025985-169 (540-17-011687-158) MINUTES OF THE HEARING DATE: May 9, 2016 CORAM: THE HONOURABLE JACQUES DUFRESNE , J.A. MARIE ST-PIERRE , J.A. MARK SCHRAGER , J.A. APPLICANT COUNSEL CANADIAN ASSET BASED LENDING ENTERPRISE (CABLE) INC. Mtre SARA KORHANI (De Louya Markakis) RESPONDENTS COUNSEL gestion gamarco inc. Mtre bertrand delorme larouche EXPRESS FINANCE R. G. INC.

DESCRIPTION : Motion for leave to appeal beyond the delays of a judgment rendered on January 5, 2016 by the Honourable Justice Claude Champagne of the Superior Court, District of Laval

Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:35 Commencement of the hearing. Identification of counsel. 9:37 Request by Mtre Korhani to postpone the hearing. 9:41 Representations by Mtre Delorme Larouche. 9:46 Representations by Mtre Korhani. 9:51 Representations by Mtre Delorme Larouche. 9:52 Recess. 10:08 Resumption of the hearing. 10:08 Representations by Mtre Korhani. 10:10 By the Court: judgment – see page 3. 10:12 Conclusion of the hearing.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Applicant seeks a postponement of its motion for leave to appeal beyond the delays, given that the reasons for judgment of the Superior Court (the Honourable Claude Champagne) dated January 5, 2016 are not yet available. [ 2 ] However, the transcript was only requested on April 19, 2016. [ 3 ] Applicant, a second ranking hypothecary creditor sought unsuccessfully to intervene into the taking in payment proceedings instituted by the first ranking hypothecary creditor, with a view to converting these proceedings into a sale under judicial authority. [ 4 ] Judgment awarding the taking in payment was rendered ex parte by the special clerk on January 12, 2016.

There has been no appeal or other proceedings filed against that judgment. [ 5 ] After hearing the parties on the motion, we are of the unanimous opinion, irrespective of the reasons for the judgment of Justice Champagne, that the current proceedings no longer have any object, and as such, have no reasonable chance of success. FOR THESE REASONS, THE COURT: [ 6 ] DENIES the request to postpone the hearing; [ 7 ] DISMISSES the motion for leave to appeal, with legal costs. JACQUES DUFRESNE, J.A.

MARIE ST-PIERRE, J.A. MARK SCHRAGER, J.A.