2012 QCCA 2283, 2012 QCCA 2283

79331983 Canada inc. c. Manoirs Haute-Provence inc. 2012 QCCA 2283 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022787-121 (500-17-070844-124) MINUTES OF THE HEARING DATE: December 14, 2012 CORAM: THE HONOURABLE JACQUES CHAMBERLAND, J.A. FRANÇOIS PELLETIER, J.A. GUY GAGNON, J.A. APPELLANT ATTORNEY 79331983 CANADA INC. Mtre Ronald Stein DE GRANDPRÉ CHAIT RESPONDENT ATTORNEY MANOIRS HAUTE-PROVENCE INC. Mtre Benoit Morissette LALONDE GERAGHTY RIENDEAU LAPIERRE INC. IMPLEADED PARTIES ATTORNEY(S)

9191-1065 QUÉBEC INC. JOHN REICH MORRIS ROTHBART On appeal from a judgment rendered on June 5 th 2012 by the Honourable Justice Mark Schrager of the Superior Court district of Montreal. NATURE OF THE APPEAL : Aggressive intervention Clerk: Linda Chau Courtroom: Pierre-Basile-Mignault HEARING 11 h 14 Beginning of the hearing. 11 h 14 Submission by Mtre Stein. 11 h 49 The recording is interrupted. Lawyers are willing to continue without the recording. 11 h 53 Suspension of the hearing. 12 h 02 Resumption of the hearing. BY THE COURT: The appeal is dismissed with costs. Judgment – See page 3. 12 h 04 End of the hearing. Linda Chau Clerk

BY THE COURT JUDGMENT [ 1 ] To the extent that the Court has jurisdiction under sect. 29 C.c.p. to decide this appeal which deals with a decision authorizing an intervention, a question that it is not absolutely necessary to decide here, the Court is of the view that the decision rendered in first instance is well founded and this, for the very reasons mentioned by the judge of first instance. FOR THESE REASONS, THE COURT : [ 2 ] DISMISSES the appeal with costs. JACQUES CHAMBERLAND, J.A. FRANÇOIS PELLETIER, J.A. GUY GAGNON, J.A.