2021 QCCA 1581, 2021 QCCA 1581
Opinion
Aegis Brands inc. (Second Cup Ltd.) c. Poladian 2021 QCCA 1581 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029713-211 ( 540-17-014385-214 ) MINUTES OF HEARING DATE: October 21, 2021 THE HONOURABLE FRÉDÉRIC BACHAND, J.A.
APPLICANT COUNSEL Aegis brands inc. ( formely known as second cup ltd.) Mtre ANTOINE VAN AUDENRODE ( Spiegel, Sohmer ) Par visioconférence RESPONDENT COUNSEL Hagop (Jack) Poladian Mtre FRANCO TAMBURRO Mme RACHEL MUZAIC, articling student ( Alepin Gauthier Avocats ) Par visioconférence DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of the proceeding on August 25, 2021 by the Honourable Marie- Christine Hivon of the Superior Court , District of Laval (Art. 31 C.C.P. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 11:06 Commencement of the hearing.
Identification of counsel. Preliminary comments. 11:06 Submissions by Mtre Van Audenrode.
11:23 Submissions by Mtre Tamburro. 11:41 Reply by Mtre Van Audenrode. 11:44 BY THE JUDGE: Judgment will be rendered in the minutes of the hearing and sent to the parties. Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] The applicant seeks leave to appeal from a judgment of the Superior Court refusing to summarily dismiss, on the basis of articles 51 et seq. C.C.P. as well as
article 168 para. 1(3) and 2 C.C.P. , the respondent’s action for damages. [1] The judge found that the respondent’s interest in this matter was not clearly insufficient, and that his action was neither manifestly unfounded in law nor evidently abusive. [ 2 ] It is well established, as a general rule, that judgments dismissing applications seeking the
summary dismissal of an action do not meet the requirements set out in
article 31 para. 2 C.C.P. , because they neither determine part of the dispute nor cause an irremediable injury to the losing party. [2] Moreover, the case law confirms that the inconvenience caused by having to litigate a dispute all the way to a trial, which is essentially what the applicant is invoking here, generally does not constitute an irreparable injury within the meaning of that provision. [3] [ 3 ] There are no exceptional circumstances that justify granting leave to appeal. FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] DISMISSES the application for leave to appeal, with legal costs. FRÉDÉRIC BACHAND, J.A.
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