2021 QCCA 403, 2021 QCCA 403
Opinion
Succession de Grace Telford c. Arenas 2021 QCCA 403 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029309-218 ( 500-17-106494-191 , 500-17-107171-194) MINUTES OF HEARING DATE: March 8, 2021 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. MARK SCHRAGER, J.A. PATRICK HEALY, J.A.
APPELLANT COUNSEL LA SUCCESSION DE FEU ELIZABETH MARGARET GRACE TELFORD, represented by her liquidator BRENT NOSWORTHY Mtre SÉBASTIEN MATTE ( Dufour Mottet Avocats ) (by videoconference) RESPONDENT COUNSEL ALDINEVER ARENAS Mtre DANIELLE OIKNINE ( Oiknine & Associés ) (by videoconference) On appeal from a judgment rendered on December 17, 2020 by the Honourable Babak Barin of the Superior Court , District of Montreal .
DESCRIPTION: Application to dismiss an appeal or subsidiarily to furnish a suretyship (Articles 364 and 365 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 10:34 Commencement of the hearing. Identification of counsel. 10:35 Submissions by Mtre Oiknine. 10:39 Submissions by Mtre Matte. 10:45 Reply by Mtre Oiknine.
10:48 Recess of the hearing. 10:52 Resumption of the hearing. 10:52 By the Court: judgment – see page 3. Robert Osadchuck, Clerk at the hearing JUDGMENT Application to dismiss the appeal: [ 1 ] The application to dismiss the appeal is dismissed without hearing the parties and without legal costs, in accordance with
article 366 C.C.P. and
section 32 of the Civil Practice Regulations . Application to furnish a suretyship: [ 2 ] While the Court has not summarily dismissed the appeal, Appellant’s testimony regarding certain of the grounds invoked taken with his residence out of the jurisdiction and history of financial problems constitute in the aggregate good cause justifying that the appeal be subject to the filing of security pursuant to
article 364 C.C.P. [ 3 ] Respondent proposes $15,000 which is reasonable in the circumstances. FOR THESE REASONS, THE COURT: [ 4 ] ALLOWS in part Appellant’s “Demande en rejet d’appel et subsidiairement en cautionnement”; [ 5 ] ORDERS Appellant to furnish security in the amount of $15,000 within 30 days; [ 6 ] COSTS to follow the outcome of the appeal. YVES-MARIE MORISSETTE, J.A. MARK SCHRAGER, J.A. PATRICK HEALY, J.A.
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