Mekuria c. Banker 2017 QCCA 252 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024999-153 (500-17-061143-106) MINUTES OF THE HEARING DATE: February 15, 2017 CORAM: THE HONOURABLE JULIE DUTIL, J.A. MARIE ST-PIERRE, J.A. MANON SAVARD, J.A. APPELLANT COUNSEL DEMISSE MEKURIA Mtre ANDREAS STEGMANN ( Pearl & Associé

s) RESPONDENT COUNSEL AMY AI BANKER Mtre MICHAEL REGINALD CONCISTER (Michael Reginald Concister) Mtre DARREN GEORGE HENRIET

On appeal from a judgment rendered on December 18, 2014 by the Honourable Justice Gérard Dugré of the Superior Court, District of Montreal. DESCRIPTION : Conveyance of Title – Acquisitive Prescription Clerk: Mihary Andrianaivo Courtroom: Pierre-Basile-Mignault HEARING 11:51 Beginning of the hearing. Submissions by Mtre Stegmann. 12:24 Recess. 14:16 Resumption of the hearing. Mtre Stegmann continues with his submissions. 15:00 Recess. 15:12 Resumption of the hearing. BY THE COURT: Judgment read out by the Honourable Marie St-Pierre, J.A. – See page 3. 15:13 Conclusion of the hearing.

Mihary Andrianaivo Clerk BY THE COURT JUDGMENT [ 1 ] Without sharing all the reasons of the trial Judge to dismiss the appellant’s motion to convey title or, subsidiary, to grant him damages ; [ 2 ] Taking into account the facts of the affair and the applicable standard of review ; [ 3 ] Finding no palpable and overriding error that would impair the judge’s conclusions of fact that led him to refuse conveyance of title and dismiss the appellant’s subsidiary claim in damages. THE COURT: [ 4 ] DISMISSES the appeal with legal costs in favour of the respondent.