2022 QCCA 665, 2022 QCCA 665

Soltron Realty GP Inc. c. Syndicat des coproriétaires les Résidences Mont-Royal (Tour Sud) 2022 QCCA 665 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030044-226 ( 500-17-035355-075 ) (500-17-080403-135) (500-17-090003-156) (500-17-096562-163) MINUTES OF HEARING DATE: May 10, 2022 THE HONOURABLE GUY COURNOYER, J.A. APPLICANT COUNSEL soltron realty gp inc. in its capacity as general partner for soltron realty lp Mtre ROBERT W.

LORD By videoconference RESPONDENTS COUNSEL syndicat des coproriétaires les résidences mont-royal (tour sud) Mtre ALFRED BÉLISLE syndicat des coproriétaires les résidences mont-royal (tour nord) Mtre NATHALIE CHARBONNEAU By videoconference DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of the proceeding on March 17, 2022 by the Honourable Mr. Justice Brian Riordan of the Superior Court , District of Montreal (Arts. 31, 357 and 360 C.C.P. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 11:01 Commencement of the hearing. Identification of counsel.

Preliminary comments. Exchanges between the parties concerning the suspension of the hearing in first instance. 11:06 Submissions by Mtre Lord.

11:07 Submissions by Mtre Charbonneau. 11:08 BY THE COURT: Judgment – page 3. 11:09 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] The trial judge rendered judgment on March 17, 2022 [1] to settle a dispute over servitude expenses for a period of 17 years between the principal owner and operator of a multi-use immoveable known as Les Cours Mont-Royal and the owners of residential condominiums in two of the immoveable’s towers.

Nevertheless, he decided to split the proceedings and will issue a second judgment to determine the amounts due between the parties. [ 2 ] The parties are all in agreement that, in the circumstances and pursuant to our Court’s decision in Droit de la famille — 161983 , [2] leave to appeal must be sought and should be granted. [ 3 ] Additionally, the parties agree that the appeal proceedings in this file must be suspended until the judgment is rendered on the amounts due between the parties, which will terminate the proceedings. [3] THEREFORE, THE UNDERSIGNED: [ 4 ] GRANTS the application for leave to appeal; [ 5 ] GRANTS leave to appeal; [ 6 ] ORDERS the suspension of the appeal until a judgment is rendered that terminates the proceedings; [ 7 ] THE WHOLE, with costs to follow the outcome of the appeal.

GUY COURNOYER, J.A.