2011 QCCA 1760, 2011 QCCA 1760

Federal Corporation c. Triangle Tires Inc. 2011 QCCA 1760 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022002-117 (500-17-065270-111) MINUTES OF THE HEARING DATE: September 21, 2011 THE HONOURABLE MARIE-FRANCE BICH, J.A. PETITIONER ATTORNEY FEDERAL CORPORATION Mtre Paul Déry-Goldberg SPIEGEL SOHMER RESPONDENT ATTORNEY TRIANGLE TIRES INC. Mtre Marc-Antoine St-Pierre SÉGUIN RACINE, AVOCATS INC.

MOTION FOR LEAVE TO APPEAL FROM TWO INTERLOCUTORY JUDGMENTS RENDERED ON AUGUST 11 AND AUGUST 12, 2011 BY THE HON. GERARD DUGRE FROM THE SUPERIOR COURT, DISTRICT OF MONTREAL Clerk: Annick Nguyen Court Room: RC.18 HEARING 9:59 Commencement of the hearing. 10:01 Submission by Mtre Déry-Goldberg. 10:27 Submission by Mtre St-Pierre. 10:52 Rebuttal by Mtre Déry-Goldberg. 10:56 Suspension. 11:00 Resumption of the hearing. 11:01 BY THE JUDGE. Judgment – See page 3. Annick Nguyen Clerk JUDGMENT [ 1 ] Considering that the motion for leave to appeal raises a jurisdictional question relating to the application of

article 3148 C.C.Q.; [ 2 ] Considering the judgments of the Supreme Court of Canada in Seidel v. TELUS Communication Inc [1] , Dell Computer Corp. v. Union des consommateurs [2] , and GreCon Dimter inc. v. J.R. Normand inc. [3] ; [ 3 ] Considering articles 29 and 511 C.C.P. ; [ 4 ] Considering that case management is appropriate in the circumstances (art. 508.2 C.C.P.

[ 5 ] Given rules 48 and 49 of the Rules of the Court of Appeal in Civil Matters , which reads as follows: 48. Abandonment. Where the appellant’s arguments and documents standing in lieu of the factum are not served and filed within the established time limit, the appeal shall be deemed to be abandoned and

article 503.1 of the Code of Civil Procedure shall apply, mutatis mutandis . 49. Foreclosure. Where the respondent’s argument and, if applicable, documents standing in lieu of the factum are not served and filed within the established time limit, the respondent shall be foreclosed from filing and

article 505 of the Code of Civil Procedure apply, mutatis mutandis.

FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] GRANTS leave to appeal; [ 7 ] PLACES the case on the role of February 3, 2012, in court room Pierre-Basile-Mignault, for a hearing of 75 minutes (40 minutes for the appellant and 35 minutes for the respondent); [ 8 ] ORDERS the appellant, after having served a copy upon the respondent, to file in the office of the Court, no later than October 31, 2011 , four copies of a written argument not exceeding 20 pages , of the exhibits that would normally have made up schedules I, II and III of its factum and of its authorities; [ 9 ] ORDERS the respondent, after having served a copy upon the appellant, to file in the office of the Court, no later than November 30, 2011 , four copies of a written argument not exceeding 20 pages , of its supplementary documents and of its authorities; [ 10 ] ORDERS the parties to present their written arguments on 21.5 cm X 28 cm (8 ½ X 11 in.) paper, with line spacing of at least 1.5 lines (except in the case of quotations, which must be single-spaced and indented), and the computer-prepared text shall be in 12-point type, with no more than 12 characters per 2.5 cm; [ 11 ] Costs to follow.

MARIE-FRANCE BICH, J.A.