2019 QCCA 1135, 2019 QCCA 1135

Medicam inc. c. Wipf 2019 QCCA 1135 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027102-177 (500-17-054615-094) MINUTES OF THE HEARING DATE: June 20, 2019 THE HONOURABLE MARIE-FRANCE BICH, J.A. INCIDENTAL RESPONDENT COUNSEL MEDICAM INC. PHILIPPE AMAR Mtre DAVID BANON (Spiegel Sohmer Inc.) INCIDENTAL APPELLANT COUNSEL TRACY WIPF SHARON BROWN KIMBERLEE GORDON Mtre Jérôme Dupont-Rachiele (Hiermagne Inc.) DESCRIPTION: Application of the incidental appellant to cancel the presumed abandonment of the incidental appeal and to proceed to a case management. (s. 49 C.C.P.) Clerk: Stephane Robinson Courtroom: RC-18

HEARING 9:34 Commencement of the hearing. Identification of counsel. 9 h 35 The Judge informs Mtre Dupont-Rachiele that his application is presentable before the Court and will be dismissed. He will have to file a new application, with the required number of copies and book a date to submit this application to the Court. 9 h 36 BY THE JUDGE : Judgment – see page 3. 9 h 37 Conclusion of the hearing. Stephane Robinson, Clerk BY THE JUDGE JUDGMENT [ 1 ]

Article 376, para. 2 C.C.P. and

section 34 of the Civil Practice Regulation (Court of appeal) provide that the Court only (i.e. a bench of the Court), and not one of its judges, can relieve a party from the default leading to lapse of an appeal or foreclosure of pleading. The application will thus be dismissed, subject to the applicants’ right to petition the Court. THEREFORE, THE UNDERSIGNED: [ 2 ] DISMISSES the Application, without judicial costs, subject to the applicant’s right to petition the Court. MARIE-FRANCE BICH , J.A.