2019 QCCA 1908, 2019 QCCA 1908

Downey c. Boys 2019 QCCA 1908 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027949-189 ( 450-17-004512-126 ) MINUTES OF THE HEARING DATE: November 4, 2019 CORAM: THE HONOURABLE ALLAN R. HILTON, J.A. CLAUDINE ROY, J.A. GENEVIÈVE COTNAM, J.A. APPELLANTS / INCIDENTAL RESPONDENTS COUNSEL PATRICK F. DOWNEY LINDA LABRECQUE Mtre NÉRIO DE CANDIDO ( Beaudry Bertrand, s.e.n.c.r.l. ) RESPONDENT / INCIDENTAL APPELLANT COUNSEL MARY LYNN BOYS Mtre FRANÇOIS GOYER ( IMK ) DESCRIPTION: Application of Mary Lynn Boys to adduce indispensable new evidence (Article 380 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault

HEARING 10 h 06 Commencement of the hearing. 10 h 06 Submissions by Mtre Goyer. 10 h 14 Justice Hilton suggests that the motion for new evidence be referred to the panel of the Court that will hear the appeal on its merits. 10 h 14 Counsel for appellant and counsel for respondent agree to refer the application for new evidence to the panel of the Court which will hear the appeal on its merits. 10 h 14 By the Court: judgment – see page 3.

Robert Osadchuck, Clerk at the hearing JUDGMENT THE COURT: [ 1 ] REFERS the motion to adduce new evidence to the panel hearing the appeal on the merits; [ 2 ] AUTHORIZES the introduction of the new evidence sought to be introduced, subject to the determination by the panel hearing the appeal, on its admissibility and its relevance; [ 3 ] The whole with costs to follow the outcome of the appeal. ALLAN R. HILTON, J.A. CLAUDINE ROY, J.A. GENEVIÈVE COTNAM, J.A.