2014 QCCA 2325, 2014 QCCA 2325

Industries Robar (Canada) ltée c. Enviro Paving Corporation 2014 QCCA 2325 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024843-146 (500-17-078591-131) MINUTES OF THE HEARING DATE: December 18, 2014 THE HONOURABLE MARK SCHRAGER, J.A. PETITIONER COUNSEL les industries robar (canada) ltée Mtre LAZAR SARNA ( Sarna Neudorfer s.e.n.c.) RESPONDENT COUNSEL enviro paving corporation Mtre JAMES WOODS ( Lapointe Rosenstein Marchand Melançon, s.e.n.c.r.

l) DESCRIPTION: Motion for leave to appeal an interlocutory judgment rendered November 6, 2014, by the Honourable Madame Justice Nicole M. Gibeau, of Superior Court, district of Montreal (Articles 29, 494, 511 C.C.P .) Clerk: Marcelle Desmarais Courtroom: RC-18

HEARING 9:30 Commencement of the hearing. Identification of counsel. 9: 30 Submissions by Mtre Lazar Sarna. 9: 35 Submissions by Mtre James Woods. 9: 45 Reply by Mtre Lazar Sarna. 9: 45 End of arguments. BY THE JUDGE: Judgment – see page 3. Clerk BY THE JUDGE JUDGMENT [ 1 ] It appears to me that the criteria of articles 29 and 511 C.C.P. are satisfied in the circumstances. [ 2 ] The judgment certainly delays the suit, I would think, unnecessarily. With respect to

article 511 C.C.P., despite conclusions of the Ontario judge that Quebec is the appropriate forum, the judgment of the Superior Court has the effect of suspending the Quebec proceedings until the outcome of the Ontario proceedings. I think the issue on the rights of the parties are such that the interests of justice require that leave be granted under

article 511, and accordingly I will grant the motion and grant leave to appeal the judgment of justice Gibeau. [ 3 ] Given that there should be case management of the appeal; [ 4 ] Given rules 48 and 49 of the Rules of the Court of Appeal in Civil Matters , which reads as follows: 48. Abandonment. Where the appellant’s arguments and documents standing in lieu of the factum are not served and filed within the established time limit, the appeal shall be deemed to be abandoned and

article 503.1 of the Code of Civil Procedure shall apply, mutatis mutandis . 49. Foreclosure. Where the respondent’s argument and, if applicable, documents standing in lieu of the factum are not served and filed within the established time limit, the respondent shall be foreclosed from filing and

article 505 of the Code of Civil Procedure apply, mutatis mutandis.

THEREFORE, THE UNDERSIGNED: [ 5 ] GRANTS the motion; [ 6 ] GRANTS leave to appeal the judgment of the Superior Court, the honourable Nicole M.

Gibeau of November 6, 2014. [ 7 ] ORDERS the suspension of proceedings in first instance; [ 8 ] PLACES the case on the role of April 24, 2015 for a 60 minute hearing; [ 9 ] ORDERS the Appellant, after having served a copy upon the Respondent, to file in the office of the Court, no later than January 30, 2015 , five copies of a written argument not exceeding 15 pages , of the exhibits that would normally have made up schedules I, II and III of his factum and of his authorities; [ 10 ] ORDERS the Respondent, after having served a copy upon the Appellant, to file in the office of the Court, no later than February 28, 2015 , five copies of a written argument not exceeding 15 pages , of his supplementary documents and of his authorities; [ 11 ] ORDERS the parties to present their written arguments on 21.5 cm X 28 cm (8 ½ X 11 in.) paper, with line spacing of at least 1.5 lines (except in the case of quotations, which must be single-spaced and indented), and the computer-prepared text shall be in 12- point type, with no more than 12 characters per 2.5 cm, the use of the font ARIAL-12 being strongly recommended; [ 12 ] ORDERS that the documents filed by the parties carry a continuous pagination or tabs, a front cover and a general table of contents; [ 13 ] THE WHOLE , costs to follow.

MARK SCHRAGER, J.A.