Jack c. Bergeron 2017 QCCA 1949 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF QUEBEC N o : 200-09-009603-173 (200-17-023043-151) MINUTES OF THE HEARING DATE : December 4, 2017 CORAM: THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. (JD1739) JEAN BOUCHARD, J.A. (JB3398) SIMON RUEL, J.A. (JR1676) APPELLANT ATTORNEY AUDREY JACK UNREPRESENTED RESPONDENT ATTORNEY ANDRÉ BERGERON Me JONATHAN DECHERF (Tassé, Bertrand) PETITIONER TO INTERVENE ATTORNEY JOHN YOUNG UNREPRESENTED

In appeal of a judgment rendered on August 14, 2017 by the Honourable Catherine La Rosa of the Superior Court, district of Quebec. DESCRIPTION : Motion to dismiss the Appeal (Art. 365 C.C.P.) Clerk : Marie-Ann Baron (TB3964) Courtroom: 4.33 HEARING 11 h 36 The Court addresses the parties about Mr. Young’s presence; Mrs. Jack addresses the Court; 11 h 38 Mtre Decherf addresses the Court; Discussions; 11 h 42 The Court addresses Mrs. Jack; Observations of Mrs. Jack; 11 h 45 Suspension; 12 h 05 Reprise; The Court contacts Mr. Young by phone; 12 h 09 The Court addresses Mr. Young; 12 h 10 Observations of Mr.

Young; Observations of the Court; Mr. Young continues; 12 h 19 Observations of Mtre Decherf; Observations of the Court; Mtre Decherf continues; 12 h 37 Suspension; Reprise; 12 h 55 Judgment; 12 h 57 End of the hearing. (

s) Court Clerk BY THE COURT

JUDGMENT [ 1 ] The Court is of the unanimous opinion that the appeal ought to be allowed to proceed. [ 2 ] A majority of the Court is of the view that the Court should grant leave to the Petitioner, John Young, to intervene in the appeal in order to be joined with the Appellant to assist the latter, the whole in accordance with Art. 184 C.C.P. Justice Bouchard would have denied such leave. [ 3 ] Considering that Petitioner Young is in a position to file additional, relevant documentary evidence that has been brought to the attention of the Court.

FOR THESE REASONS, THE COURT: [ 4 ] DENIES the Respondent’s Motion to dismiss the Appeal, costs to follow suit; [ 5 ] GRANTS the Petitioner’s Motion for Leave to Intervene; [ 6 ] DIRECTS the Petitioner, as Intervenor, to file into the court record, within a delay of thirty days, a written Intervention and the additional documentary evidence exhibited before the Court today; [ 7 ] ALLOWS Petitioner Young to file a joint Factum with the Appellant Audrey Jack within the usual delays; [ 8 ] The whole costs to follow suit. NICOLE DUVAL HESLER, C.J.Q. JEAN BOUCHARD, J.A. SIMON RUEL, J.A.