2019 QCCA 2053, 2019 QCCA 2053

Catucci c. Valeant Pharmaceuticals International Inc. 2019 QCCA 2053 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028601-193 ( 500-06-000783-163 ) MINUTES OF HEARING DATE: November 25, 2019 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. SUZANNE GAGNÉ, J.A. GENEVIÈVE COTNAM, J.A. APPLICANTS COUNSEL CELSO CATUCCI NICOLE AUBIN Mtre SHAWN FAGUY ( Faguy & Co. ) RESPONDENTS COUNSEL VALEANT PHARMACEUTICALS INTERNATIONAL INC. ROBERT L. ROSIELLO ROBERT A. INGRAM ROBERT H. FARMER THEO MELAS-KYRIAZI G. MASON MORFIT LAURENCE PAUL ROBERT N. POWER NORMA A. PROVENCIO LLOYD M. SEGAL KATHARINE B.

STEVENSON FRED HASSAN COLLEN GOGGINS anders o. lonner JEFFREY W. UBBEN Mtre ALEXANDRE FALLON Mtre allan coleman ( Olser, Hoskin & Harcourt ) J. MICHAEL PEARSON Mtre SIMON J. SEIDA ( Blake, Cassels & Graydon, s.e.n.c.r.l.)

HOWARD B. SCHILLER Mtre SHAUN E. FINN ( BCF LLP ) DESCRIPTION: Application for extension of delay to appeal (Articles 30, 306 and 363 C.C.P .) Application for leave to appeal from a judgment rendered on August 28, 2019 by the Honourable Peter Kalichman of the Superior Court, District of Montreal (Special clerk’s decision on taxation of costs and judicial review judgment of the Superior Court) (Articles 30, 357, 358 and 360 C.C.P. ) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11:46 a.m. Commencement of the hearing. Identification of counsel. 11:46 a.m.

Submissions by Mtre Faguy. 12:10 p.m. Submissions by Mtre Fallon. 12:33 a.m. Submissions by Mtre Finn. 12:33 a.m. Submissions by Mtre Seida. 12:34 a.m. Reply by Mtre Faguy. 12:37 a.m. Recess. 12:46 p.m. Resumption of the hearing. 12:46 p.m. Judgment – see page 4. Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] The delay in forming the appeal of the applicants is largely inconsequential and the difficulty they encountered was not of their making.

The application for extension of delay, which is not contested, is therefore granted, costs to follow the outcome of the appeal. [ 2 ] The judgment of August 28, 2019, from which the applicants wish to appeal raises several new and delicate questions of procedure, with an amount in dispute that far exceeds the threshold of an appeal as of right.

Therefore, without in any way prejudging the merit of the appeal, it appears to us that it is desirable that a panel of the Court of Appeal consider these questions in light of all the circumstances of the case, which is still only at the early stage of a class action authorized by the Superior Court.

THEREFORE, THE COURT: [ 3 ] GRANTS the application for leave to appeal the judgment of Mr. Justice Peter Kalichman, dated August 28, 2019, costs to follow the outcome of the appeal; [ 4 ] ORDERS the appellants, after having notified a copy upon the respondents, to file in the Office of the Court, no later than January 15, 2020, five copies of a written argument not exceeding 20 pages.

All documents necessary for the adjudication of the appeal (judgment under appeal, pleadings, excerpts from depositions, etc.) shall be attached; [ 5 ] ORDERS the respondents, after having notified a copy upon the appellants, to file in the Office of the Court, no later than March 2 nd , 2020, five copies of a joint written argument not exceeding 20 pages and of their supplementary documents; [ 6 ] DIRECTS the parties’ attention to

article 376 C.C.P . and

section 55 of the Civil Practice Regulation , which read as follows: 376. The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension. A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal. 55. Format. The memorandum shall include a title page, a table of contents and be paginated consecutively.

The provisions relating to briefs (including the final requirements) apply to memoranda with the necessary adaptations. [ 7 ] REFERS the file to the Master of the Rolls to determine the date of a hearing of 120 minutes in duration (60 minutes for the appellants and 60 minutes for the respondents), when it is ready; [ 8 ] DIRECTS the parties’ attention to Practice Direction G-3 (last amendment: February 27, 2017) encouraging them to attach a technological version to each paper copy of their brief, memorandum and book of authorities.

Such technological version should preferably be in Word format but may also be in PDF format enabling key-word searches. The USB drive is the format preferred by the Court, but CD / DVD-ROM are also accepted; [ 9 ] THE WHOLE , legal costs to follow. YVES-MARIE MORISSETTE, J.A. SUZANNE GAGNÉ, J.A. GENEVIÈVE COTNAM, J.A.