2017 QCCA 715, 2017 QCCA 715

Wong c. Bill Wong inc. 2017 QCCA 715 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026704-171 (500-17-067696-115) MINUTES OF THE HEARING DATE: May 2, 2017 THE HONOURABLE ROBERT M. MAINVILLE, J.A. APPLICANTS COUNSEL EARL WONG 9093-7244 QUÉBEC INC. Mtre Michael D. Worsoff (Campbell Cohen Worsoff) RESPONDENT COUNSEL BILL WONG INC. Mtre JULIEN LUSSIER Mtre Emma Lambert (Irving Mitchell Kalichman SENCRL/LLP) IMPLEADED PARTIES AMBIENTI MOBILIER DESIGN DÉCOR INC. 9183-2212 QUÉBEC INC.

BUREAU DE LA PUBLICITÉ DES DROITS DE LA CIRCONSCRIPTION FONCIÈRE DE MONTRÉAL Not represented (Absent) DESCRIPTION: Re-amended application for leave to appeal de bene esse (Articles 30, para. 2(8) and 357 C.C.P. )

Clerk: Elisabeth Lanctôt Courtroom: RC-18 HEARING 9:37 Commencement of the hearing. Identification of counsel. Filing of documents by Mtre Michael D. Worsoff. Exchanges between the judge and Mtre Worsoff. Representations by Mtre Worsoff. 9:42 Exchanges between the judge and Mtre Julien Lussier. 9:43 BY THE JUDGE : Judgment – see page 3. 9:44 Exchanges between Mtre Worsoff and the judge. 9:45 Conclusion of the hearing. (

s) Elisabeth Lanctôt Clerk BY THE JUDGE JUDGMENT [ 1 ] UPON the Re-amended Application for leave to appeal ( de benne esse ) a judgement of February 28, 2017 of the Superior Court, District of Montreal (the honourable Paul Mayer) which accepted and homologated the accounting of respondent Bill Wong Inc. and condemned appellants Earl Wong and 9093-7244 Québec inc. to pay solidarily the amount of $1,271,453.02 to Bill Wong Inc.; [ 2 ] SEEING that the appellants Earl Wong and 9093-7244 Québec inc. have filed a notice of appeal as of right; [ 3 ] TAKING INTO account the judgement of this Court in Savoie v.

Thériault Martel , 2015 QCCA 591 , par. 46 , which states that when presented with an application for leave to appeal de bene esse and a notice of appeal filed as of right, it is preferable for a judge to defer the matter to panel of the Court so as to ensure a complete resolution of the matter.

FOR THESE REASONS, THE UNDERSIGNED JUDGE: [ 4 ] DEFERS the Re-amended Application for leave to appeal ( de benne esse ) to the panel of this Court which shall hear the appeal on its merits or, should the respondent file an application to dismiss the appeal instituted as of right, to the panel of this Court which shall hear that application; [ 5 ] THE WHOLE , without costs. robert m. mainville , J.A.