2016 QCCQ 4817, 2016 QCCQ 4817
Opinion
9069-0934 Quebec inc. c. Royal Bank of Canada 2016 QCCQ 4817 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-147001-152 DATE: May 18, 2016 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ 9069-0934 QUEBEC INC. Plaintiff v. ROYAL BANK OF CANADA Defendant ______________________________________________________________________ INTERLOCUTORY JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN
article 558 of the Code of Civil Procedure , which states: " 558 . If the Superior Court or the Court of Québec is seized, pursuant to Book II, of an application that has the same juridical basis or raises the same issues of law as an application that is before the court under this Title, the court may stay the hearing on a party's request, provided this cannot result in serious prejudice to the other party.
The stay is maintained until the judgment on the other application has become final, although the court may revise its stay decision if warranted by new circumstances." [ 2 ] WHEREAS the parties hereto are parties to another action presently pending before the Superior Court (no. 500-17-082269- 146, "action B"); [ 3 ] WHEREAS action B raises some of the same questions of law as the present action (alleged fraud, paragraph 61 of the amended plea of action B); [ 4 ] WHEREAS action B is under advisement; WHEREFORE THE COURT HEREBY: SUSPENDS the continuation of the hearing herein, until the judgment in file no. 500-17-082269-146 has become definitive; ORDERS plaintiff to notify the Court of said judgment by communicating a copy thereof to the office of the court clerk. __________________________________ ELIANA MARENGO, J.C.Q.
Date of hearing: March 21, 2016
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