2014 QCCA 39, 2014 QCCA 39
Opinion
129657 Canada inc. (Syndic de) 2014 QCCA 39 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023991-136 ( 500-11-039684-101 ) MINUTES OF THE HEARING DATE: January 13, 2014 CORAM: THE HONOURABLE FRANÇOIS DOYON, J.A. NICHOLAS KASIRER, J.A. CLAUDE C. GAGNON, J.A. IN THE MATTER OF THE BANKRUPTCY OF 129657 CANADA INC. APPELLANT ATTORNEY NABIL NASRA Mtre Jay Turner Oiknine & Associés RESPONDENT ATTORNEY DRUKER & ASSOCIES INC. Mtre Ian R. Rudnikoff
Motion to dismiss an appeal from a judgment rendered on October 7, 2013, by the Honourable Madam Justice Danielle Turcotte of the Superior Court, District of Montreal. ( Sections 183(2.1) , 193 of the Bankruptcy and Insolvency Act , Rule 31 of the Bankruptcy and Insolvency Rules) (art.501, para.1,
(2) CCP) Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 11 h 59 Submissions by Mtre Ian R. Rudnikoff. 12 h 02 Submissions by Mtre Jay Turner. Mtre Turner presents an oral motion for an extension of delay to file the appeal. 12 h 20 Reply by Mtre Ian R. Rudnikoff 12 h 26 End of arguments. 12 h 26 Suspension. 12 h 38 Resumption. BY THE COURT: Unanimous judgment rendered by the Honourable Nicholas Kasirer, J.C.A. – see page 3. Marcelle Desmarais Clerk BY THE COURT JUDGMENT
[ 1 ] The appellant presents an oral motion for an extension of the delay within which to file an appeal, without affidavit and without sufficient explanation of the appellant’s tardiness. [ 2 ] The motion is without merit and should be dismissed. [ 3 ] But even if the motion for extension of delay were presented within the proper time limits and in accordance with the law, the Court is of the view that, in substance, the appeal presents no reasonable chance of success.
FOR THE AFOREMENTIONED REASONS , THE COURT: [ 4 ] DISMISSES the oral motion to extend the delay to file an appeal, without costs; [ 5 ] GRANTS the motion to dismiss the appeal, with costs; [ 6 ] DISMISSES the appeal, with costs. FRANÇOIS DOYON, J.A. NICHOLAS KASIRER, J.A. CLAUDE C. GAGNON, J.A.
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