2019 QCCA 781, 2019 QCCA 781

Télé Publique Studios inc. c. Goldwater 2019 QCCA 781 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027947-183, 500-09-027948-181 (500-17-092127-151) (500-17-092127-151) MINUTES OF THE HEARING DATE: April 29, 2019 CORAM: THE HONOURABLE nicholas kasirer , J.A. jocelyn f. rancourt , J.A. stephen w. hamilton , J.A. N o : 500-09-027947-183 APPELLANT COUNSEL TÉLÉ PUBLIQUE STUDIOS INC. Mtre JULIEN LUSSIER (IMK) RESPONDENT COU NSEL ANNE-FRANCE GOLDWATER Mtre ANNE-FRANCE GOLDWATER Mtre ALEXANDER R. CARIN (Goldwater Dubé) IMPLEADED PARTY COUNSEL V INTERACTIONS INC. Mtre LAURENCE bich-carrière (Lavery De Billy)

N o : 500-09-027948-181 APPELLANT COUNSEL V INTERACTIONS INC. Mtre LAURENCE BICH-CARRIÈRE (Lavery De Billy) RESPONDENT COUNSEL ANNE-FRANCE GOLDWATER Mtre ANNE-FRANCE GOLDWATER Mtre ALEXANDER R. CARIN (Goldwater Dubé) IMPLEADED PARTY COUNSEL TÉLÉ PUBLIQUE STUDIOS INC. Mtre JULIEN LUSSIER (IMK) DESCRIPTION : Respondent’s Motion to Homologate a Transaction and for a Sealing Order Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11:55 Commencement of the hearing.

Identification of counsel. 11:55 The Motion to Homologate a Transaction is not contested. 11:55 Submissions by Mtre Goldwater. 12:09 Submissions by Mtre Bich-Carrière. 12:13 Recess. 13:15 Resumption of the hearing. 13:15 Representations by Mtre Bich-Carrière. 13:19 By the Court: judgment – see page 4. Robert Osadchuck Clerk

BY THE COURT JUDGMENT [ 1 ] The Appellants filed notices of appeal with regard to the judgment rendered by Justice Donald Bisson of the Superior Court on October 15, 2018. [1] [ 2 ] Following a mediation presided by a judge of the Court, the parties signed a settlement agreement entitled “Reçu, quittance et transaction” on March 15, 2019. [ 3 ] The Respondent makes a motion to homologate the settlement agreement and for an order that it be placed under seal and kept confidential.

The Appellants do not contest the motion. [ 4 ] The settlement agreement is a “transaction” as defined in Arts. 2631 and following C.C.Q., such that the Respondent is entitled to have it homologated under Art. 382, al. 2 C.C.P. [ 5 ] The Court raised an issue with respect to the need for the settlement agreement to be homologated and at the same time be placed under seal and kept confidential. [ 6 ] The parties argued that the confidentiality was an integral part of the settlement agreement, but at the same time conceded that the only elements in the settlement agreement that are confidential are the amount paid and the release. [ 7 ] The Respondent also argued that homologation was important because there are executory obligations in the settlement agreement that may need to be enforced in the future.

However, the parties acknowledged at the hearing that the amount of the settlement has been paid, such that there will be no need for any further order in that regard. [ 8 ] The parties therefore agreed that it would be sufficient to respect the confidentiality of the settlement agreement that the amount of the settlement and the release be redacted from the copy of the settlement agreement available to the public, and that a complete and unredacted copy of the settlement agreement be kept under seal in the Court record.

FOR THESE REASONS, THE COURT: [ 9 ] GRANTS in part the Respondent’s Motion to Homologate a Transaction and for a Sealing Order; [ 10 ] HOMOLOGATES the “Reçu, quittance et transaction” dated March 15, 2019 and ORDERS the parties to abide by its terms; [ 11 ] ORDERS that the amount in paragraph 2 and the entirety of paragraph 9 of the “Reçu, quittance et transaction” be redacted from the version of the “Reçu, quittance et transaction” filed in the Court record and available to the public; [ 12 ] ORDERS that a complete and unredacted copy of the “Reçu, quittance et transaction” be filed under seal in the Court record and kept confidential; [ 13 ] THE WHOLE, without costs. nicholas kasirer, J.A. jocelyn f. rancourt, J .A.

stephen w. hamilton, J.A.