2012 QCCA 427, 2012 QCCA 427

4015525 Canada inc. c. Parker 2012 QCCA 427 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-020581-104 ( 500-17-034673-072 ) MINUTES OF THE HEARING DATE: March 2, 2012 CORAM: THE HONOURABLE BENOÎT MORIN, J.A. PIERRE J. DALPHOND, J.A. NICHOLAS KASIRER, J.A. APPELLANT(

S) ATTORNEY(S) 4015525 CANADA INC. Mtre Muriel Librati TEITELBAUM LIBRATI RESPONDENT(

S) ATTORNEY(

S) JAMES PARKER AND NATALINA VARROCCI Mtre Sergio Venneri ATTORNEY(

S) On appeal from a judgment rendered on March 10, 2010 by the Honourable Madam Justice Nicole Bénard of the Superior Court, District of Montreal. NATURE OF THE APPEAL : SALE Clerk: MARC LEBLANC Courtroom: PIERRE-BASILE-MIGNAULT HEARING 9 h 27 Beginning of the hearing. 9 h 27 Argument of Mtre Librati. 9 h 40 Suspension of the hearing. 9 h 46 Resumption of the hearing. Mtre Venneri doesn't have to plead. Judgment rendered – see page 3. 9 h 48 The hearing is concluded. Marc Leblanc Clerk BY THE COURT JUDGMENT

[ 1 ] In light of the first judge's appreciation of fact and credibility of the witnesses as well as of the jurisprudence bearing on hidden defects, we conclude that the judge did not err in fact and in law. [ 2 ] Accordingly the appeal is DISMISSED , with costs. BENOÎT MORIN, J.A. PIERRE J. DALPHOND, J.A. NICHOLAS KASIRER, J.A.