2011 QCCA 743, 2011 QCCA 743

Aliments Vergina inc. c. Van Houtte inc. 2011 QCCA 743 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021113-105 ( 500-17-038557-073 ) MINUTES OF THE HEARING DATE: April 11, 2011 CORAM: THE HONOURABLE PIERRE J. DALPHOND, J.A. NICOLE DUVAL HESLER, J.A. NICHOLAS KASIRER, J.A. APPELLANTS ATTORNEY ALIMENTS VERGINA INC. and 4330358 CANADA INC. (DISTRIBUTION ALIMENTS VERGINA) and ANASTASIOS TRIHAS Mtre Harold W. Ashenmil RESPONDENT ATTORNEY VAN HOUTTE INC. Mtre Philippe D'Etcheverry LAVERY DE BILLY ATTORNEY

MOTION BY THE APPELLANTS FOR RESTORATION OF THE APPEAL Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11 h 24 Beginning of the hearing. 11 h 26 The motion is not contested. By the Court: Appellants' factum is ready. Copies have already been served on Respondent and the Appellants are authorized to file the appropriate number of copies at the clerk's office. The appeal is restored in the state it was before the abandonment. The Respondent declares that its factum will be filed within the normal delays, without any extension. Robert Osadchuck Clerk BY THE COURT JUDGMENT

[ 1 ] THE COURT: [ 2 ] GRANTS the motion for restoration of the appeal; [ 3 ] CANCELS the Certificate Attesting to the Abandonment of an Appeal, dated March 28, 2011; [ 4 ] AUTHORIZES Appellants to file their factum; [ 5 ] Without costs. PIERRE J. DALPHOND, J.A. NICOLE DUVAL HESLER, J.A. NICHOLAS KASIRER, J.A.