2012 QCCA 314, 2012 QCCA 314

Hollinger c. Hollinger 2012 QCCA 314 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022126-114 ( 500-11-021834-037 ) MINUTES OF THE HEARING DATE: February 13, 2012 CORAM: THE HONOURABLE ALLAN R. HILTON, J.A. JEAN BOUCHARD, J.A. JACQUES R. FOURNIER, J.A. APPELLANT ATTORNEY SARAH KOPYTO HOLLINGER Mtre Douglas Mitchell (absent) IRVING MITCHELL KALICHMAN RESPONDENTS ATTORNEY LISA FRAN HOLLINGER and LISA FRAN HOLLINGER, ès qualité liquidator of the estate of Martin Hollinger Mtre Max R. Bernard (absent) HEENAN BLAIKIE IMPLEADED PARTIES ATTORNEYS

BARBARA RUTH HOLLINGER MICHAEL PRADOS HOLLINGER ANDREY JUNE HOLLINGER ROBERT TORRALBO Mtre George Sand (absent) Mtre Sandra Mastrogiuseppe (absent) DAVIES WARD PHILLIPS & VINEBERG Motion to dismiss the appeal of a judgment rendered on September 26, 2011 by the Honourable Madam Justice Chantal Corriveau of the Superior Court, District of Montreal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING By the Court: judgment - see next page. Robert Osadchuck Clerk BY THE COURT

JUDGMENT [ 1 ] The allegations in the respondents' motion to dismiss do not give rise to the

summary dismissal of the appeal. They do, however, justify the appeal being heard by preference.

Counsel for the parties have agreed on the timetable that appears below as well as the allocation of time for oral argument. [ 2 ] FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES the respondents' motion to dismiss the appeal, without a hearing and without costs; [ 4 ] ACKNOWLEDGES counsel's undertaking to file written arguments, instead of factums, with the exhibits and transcripts of evidence necessary for the Court to adjudicate the appeal, on the following timetable: - by the appellant and the impleaded parties (with the exception of Barbara Hollinger), no later than March 14, 2012; - by the respondents, no later than April 13, 2012; [ 5 ] DIRECTS the Master of the Rolls to fix a date for the hearing of the appeal by preference upon the filing of all of the written arguments in accordance with the foregoing timetable; [ 6 ] ESTABLISHES the time for oral argument as follows: - for Mtre Doug Mitchell, 45 minutes - for Mtre Sandra Mastrogiueseppe, 15 minutes - for Mtre Max Bernard, 30 minutes [ 7 ] ORDERS that any other counsel having filed an appearance in appeal without having filed a written argument is precluded from pleading orally, unless with the approval of the panel hearing the appeal upon the presentation of a written motion to that effect.

ALLAN R. HILTON, J.A. JEAN BOUCHARD, J.A. JACQUES R. FOURNIER, J.A.