Fleming c. McGill University 2016 QCCA 630 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025487-158 (500-22-211123-149) MINUTES OF THE HEARING DATE: February 15, 2016 CORAM: THE HONOURABLE nicole duval hesler , C.J.Q. JEAN-FRANÇOIS ÉMOND , J.A. MARIE-JOSÉE HOGUE , J.A. APPELLANT JAMES FLEMING In person RESPONDENT ATTORNEY M c GILL UN IVERSITY Mtre ANNIE BOURGEOIS (Langlois Lawyers, s.e.n.c.r.l.) On appeal from a judgment rendered on June 26, 2015 by the Honourable Justice Daniel Dortélus of the Court of Quebec, District of Montreal

DESCRIPTION : Motion for permission to present indispensable new evidence Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11:27 Commencement of the hearing. Identification of counsel. 11:27 Submissions by Mr. Fleming. 11:57 Submissions by Mtre Bourgeois. 12:12 Reply by Mr. Fleming. 12:22 Exchange between the Court and Mtre Bourgeois. 12:25 Recess. 12:39 Resumption of the hearing. 12:39 By the Court: judgment – see page 3. 12:43 Conclusion of the hearing.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] In light of the representations made by both sides, we are of the unanimous view that the new evidence ought to be allowed. [ 2 ] We are also of the unanimous view that the case ought to be referred back to the Court of Quebec so that further proof may be made in accordance with

article 380 C.C.P. FOR THESE REASONS, THE COURT: [ 3 ] GRANTS the motion, without legal costs; [ 4 ] REFERS the case back to the Court of Quebec. NICOLE DUVAL HESLER, C.J.Q. JEAN-FRANÇOIS ÉMOND, J.A.

MARIE-JOSÉE HOGUE, J.A.