2022 QCCA 1606, 2022 QCCA 1606

Kaulins-Plaskacz c. Pine and Birch Ranch and Rentals Inc. 2022 QCCA 1606 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-700038-219 ( 550-17-010085-171 ) MINUTES OF HEARING DATE: November 24, 2022 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A.

APPELLANT COUNSEL Ilze Laima Kaulins-Plaskacz , in her capacity as executor of the late ihor “john” plaskacz Mtre Dani Ann Robichaud ( La boîte juridique ) Absent RESPONDENTS todd plaskacz UNREPRESENTED Absent Pine and Birch ranch and rentals inc. 167957 Canada inc. ( also known as Southridge developments) the plaskacz family trust UNREPRESENTED Absent IMPLEADED PARTIES remax quebec ouest inc. john plaskacz services inc. wayne johannsen ABSENT AND UNREPRESENTED DESCRIPTION: De Bene Esse case management. Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING

Continuation of the hearing held on November 22, 2022. The parties were excused from appearing in Court. BY THE JUDGE: Judgment – see page 4.

Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] By way of a De Bene Esse Application for a Case Management Order , respondent Todd Plaskacz is asking me to order the disqualification of Mtre Joseph Gorman and Mtre Gilles Laflamme, who were both appointed by the Court on March 11, 2022, further to the disqualification of the other respondents’ former attorney, Mtre Frédéric Allali, as per the following conclusions: [19] DECLARES that Mtre Frédéric Allali and the firm Allali Brault Inc. are in conflict of interest to represent Pine & Birch Ranch and Rentals Inc. and 167957 Canada Inc. (also known as Southridge Developments) and DISQUALIFIES them from representing such entities in the present appeal; [20] APPOINTS Mtre Joseph Gorman as director of 167957 Canada Inc. for the sole and limited purpose and power of: (

i) appointing an independent lawyer to represent such company in the present appeal, such appointment to be made within thirty (30) days hereof; (ii) instructing such attorney; [21] APPOINTS Mtre Gilles Laflamme as director of Pine & Birch Ranch and Rentals Inc. for the sole and limited purpose and power of: (

i) appointing an independent lawyer to represent such company in the present appeal, such appointment to be made within thirty (30) days hereof; (ii) instructing such attorney; [22] DECLARES that Mtre Frédéric Allali and the firm Allali Brault Inc. are in conflict of interest to represent The Plaskacz Family Trust and DISQUALIFIES them from representing such entity in the present appeal; [ 2 ] In his application, Mr.

Plaskacz seeks conclusions to disqualify both Mtre Gorman and Mtre Laflamme based on an alleged conflict of interest on their part, in light of the prior involvement of another member of their firm with the appellant, as well as based on their alleged failure to retain the services of attorneys to properly represent the corporations. Mr. Plaskacz claims that such failure to act on their

part led to a certificate of preclusion being issued against the corporations following the refusal by a judge of this Court to grant them an extension of time to file their brief. As things now stand, both corporations are precluded from filing a factum. [ 3 ] More recently, in a letter addressed to our Chief Justice dated November 3, 2022, Mr. Plaskacz declared that he was no longer seeking a hearing on his application and that the issues raised in his application were now moot. Nonetheless, he insisted that his application be referred to the bench hearing the matter on the merits.

Given his acknowledgement that the issues raised are now moot, there is however no basis to refer the application as requested. FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] DISMISSES the De Bene Esse Application for a Case Management Order ; [ 5 ] WITH LEGAL COSTS. GENEVIÈVE MARCOTTE, J.A.