2012 QCCA 1790, 2012 QCCA 1790
Opinion
Takefman c. Bier 2012 QCCA 1790 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022837-124 ( 500-17-046691-088, 500-17-046690-080, 500-17-048316-098 ) MINUTES OF THE HEARING DATE: October 1, 2012 CORAM: THE HONOURABLE BENOÎT MORIN, J.A. PIERRE J. DALPHOND, J.A. JULIE DUTIL, J.A. APPELLANT EARL TAKEFMAN In person RESPONDENTS ATTORNEYS ELLIOT L. BIER DAWNA BIER Mtre Catherine Rayle-Doiron LAPOINTE ROSENSTEIN MARCHAND MELANÇON (for the appeals in the files 500-17-046690-080 and 500-17-046691-088) Mtre Howard L. Tatner TATNER & TANER (for the appeal in the file 500-17-048316-098)
Motion by Respondents Elliot L. Bier and Dawna Bier to Dismiss the Appeal from a judgment rendered on June 22, 2012 by the Honourable Madam Justice Geneviève Marcotte of the Superior Court, District of Montreal, and to Declare the Appeal Abusive and Alternatively an Order to Furnish Security (file 500-17-048316-098) Motion by Respondents Elliot L. Bier and Dawna Bier to Dismiss the Appeal (files 500-17- 046690-080, 500-17-046691-088). Motion to Amend the Permanent Injunction issued by the Lower Court.
Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 10 h 39 Beginning of the hearing. 10 h 39 Submission by Mtre Rayle-Doiron. 10 h 41 Submission by Mtre Tatner. 10 h 54 Mtre Tatner desists from the judgment for the interest period from November 14 th , 2008 to October 15 th , 2009 (page 3, paragraph 6 of his motion). 10 h 59 Recess. 11 h 23 Resumption of the hearing. 11 h 23 The Court addresses to Mr. Takefman re: the motion to amend the permanent injunction. 11 h 23 Submission by Mr.
Takefman on the two motions to dismiss the appeal. 11 h 53 Reply by Mtre Tatner. 11 h 56 Recess. 12 h 04 Resumption of the hearing. 12 h 04 By the Court : judgment - next page. Robert Osadchuck Clerk
BY THE COURT JUDGMENT On the Motion to Amend the Permanent Injunction Issued by the Lower Court: [ 1 ] THE COURT : [ 2 ] DISMISSES the motion, without costs. On the two Motions to Dismiss the Appeal : [ 3 ] The Court is of the opinion that the appeal has no reasonable chance of success. WHEREFORE, THE COURT: [ 4 ] GRANTS the Motions to Dismiss the Appeal, according to subparagraph 4.1 of the first paragraph of
article 501 C.C.P ., with costs; [ 5 ] DISMISSES the appeal, with costs. BENOÎT MORIN, J.A. PIERRE J. DALPHOND, J.A. JULIE DUTIL, J.A.
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