Waheed c. Order of chemists of Quebec 2011 QCCA 193 COURT OF APPEAL CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-10-004847-115 ( 500-36-005417-103, 500-36-005418-101, 500-36-005419-109, 500-36-005420-107 and 500- 36-005421-105 ) MINUTES OF THE HEARING DATE: February 2, 2011 THE HONOURABLE JACQUES CHAMBERLAND, J.A. PETITIONERS ATTORNEY ATIF WAHEED VENKATTA S. AMMU STEVE MURRAY INTERTEK TESTING SERVICES (ITS) CANADA INC. JOE KEATING Mtre Howard Ginsberg RESPONDENT ATTORNEY ORDER OF CHEMISTS OF QUEBEC Me Jean Lanctôt FERLAND MAROIS LANCTÔT

MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON JANUARY 17, 2011 BY THE HON. FRANCE CHARBONNEAU OF THE SUPERIOR COURT DISTRICT OF MONTREAL Clerk: Annick Nguyen Court Room: RC.18 HEARING 9:31 Commencement of the hearing. Submission by Mtre Ginsberg. 9:39 Submission by Mtre Lanctôt. 9:49 Reply by Mtre Ginsberg. 10:00 BY THE JUDGE. Judgment – See page 3. Annick Nguyen Clerk JUDGMENT [ 1 ] The Motion for leave to appeal does not raise a question of law only, as required by

article 291 C.P.P. [ 2 ] The question in issue is not one of

interpretation of the exception contained in s. 1b) of the Professional Chemists Act , R.S.Q. ch. C-15 ("practice of professional chemistry" means […] but does not include the execution of chemical or physical tests based on known methods to determine the quality of a product or to control a manufacturing process), it is one of application of the exception to the work done by each of the Petitioners, as described in the accusations laid against them. [ 3 ] FOR THESE REASONS , the motion is dismissed, without costs.