2012 QCCA 2057, 2012 QCCA 2057

Independant Elevator Maintenance Corporation c. Développements des Éclusiers inc. 2012 QCCA 2057 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021232-103 ( 500-17-024789-052 ) MINUTES OF THE HEARING DATE: November 14th 2012 CORAM: THE HONOURABLE ANDRÉ ROCHON, J.A. YVES-MARIE MORISSETTE, J.A. MARIE-FRANCE BICH, J.A. APPELLANT ATTORNEY INDEPENDANT ELEVATOR MAINTENANCE CORPORATION Mtre Kurt A. Johnson IRVING MITCHELL KALICHMAN RESPONDENT ATTORNEY DÉVELOPPEMENTS DES ÉCLUSIERS INC. Mtre François Marchand DE GRANDPRÉ CHAIT

On appeal from a judgment rendered on November 10 th 2010 by the Honourable Justice Jean-François De Grandpré of the Superior Court district of Montreal. NATURE OF THE APPEAL : Contract of enterprise Clerk: Linda Chau Courtroom: Pierre-Basile-Mignault HEARING 10 h 10 Beginning of the hearing. 10 h 11 Submission by Mtre Johnson. 10 h 52 Suspension of the hearing. 11 h 12 Resumption of the hearing. 11 h 12 Submission by Mtre Marchand. 11 h 40 Reply by Mtre Johnson. 11 h 45 Suspension of the hearing. 11 h 53 Resumption of the hearing. BY THE COURT : The appeal is dismissed with costs. Judgment – see page 3. 11 h 54 End of the hearing. Linda Chau Clerk BY THE COURT JUDGMENT

[ 1 ] In view of the findings of fact of the trial judge, which are entirely consistent with a conclusion of gross negligence, in view also of the contents of exhibit P-3 – particularly the letter of September 8th 2003, which is tantamount to the notice required by the contract, and for the other reasons stated in the judgment appealed from, the appeal is dismissed with costs. ANDRÉ ROCHON, J.A. YVES-MARIE MORISSETTE, J.A. MARIE-FRANCE BICH, J.A.