2014 QCCA 1228, 2014 QCCA 1228

Rissaki c. 8242135 Canada inc. 2014 QCCA 1228 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTRÉAL N o : 500-09-024310-146 (500-17-080654-141) MINUTES OF THE HEARING DATE: June 9, 2014 CORAM: THE HONORABLE NICOLE DUVAL HESLER, C.J.Q. JACQUES A. LÉGER, J.A. MANON SAVARD, J.A. PETITIONER COUNSEL MARIA RISSAKI Mtre Judah L. Wolofsky WOLOFSKY & ASSOCIES RESPONDENT COUNSEL 8242135 CANADA INC. Mtre Ingrid Parienté PARIENTÉ & ASSOCIÉS, S.N. IMPLEADED PARTY L'OFFICIER DE LA PUBLICITÉ DES DROITS DE LA CIRCONSCRIPTION FONCIÈRE DE MONTRÉAL

MOTION FOR SPECIAL LEAVE TO APPEAL A JUDGMENT RENDERED ON FEBRUARY 19, 2014 BY THE HONOURABLE MR. JUSTICE WILBROD- CLAUDE DÉCARIE OF THE SUPERIOR COURT, DISTRICT OF MONTREAL (Section 26 et ss., 494, 511 et 523 et ss. C.C.P.) Clerk: Nadia Samy Courtroom: Pierre-Basile-Mignault HEARING 11:31 Commencement of the hearing. 11:31 Submissions by Mtre Wolofsky. 11:50 Submissions by Mtre Parienté. 12:11 Rebuttal by Mtre Wolofsky. 12:12 Recess. 12:26 Resumption of the hearing. 12:26 By the Court; judgment – see page 3. 12:30 Conclusion of the hearing.

Nadia Samy Clerk BY THE COURT JUDGMENT [ 1 ] CONSIDERING the issue of the delay to appeal, the motion for leave to appeal having been lodged one day late; [ 2 ] CONSIDERING the circumstances under which the safeguard order was issued; [ 3 ] CONSIDERING that the Court is of the opinion that the appeal raises questions which should be submitted to the Court of

appeal; FOR THESE REASONS, THE COURT: [ 4 ] GRANTS leave to appeal; [ 5 ] PLACES the case on the roll of September 12, 2014 for a 60 minute hearing ( 30 minutes for each party ), at 9:30 a.m. , in Courtroom Pierre-Basile-Mignault ; [ 6 ] ORDERS the appellant, after having served a copy upon the respondent, to file in the office of the Court, no later than July 11, 2014 , 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; [ 7 ] ORDERS the respondent, after having served a copy upon the appellant, to file in the office of the Court, no later than August 15, 2014 , five copies of a written argument not exceeding 15 pages , of his supplementary documents and of his authorities; [ 8 ] 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; [ 9 ] ORDERS that the documents filed by the parties carry a continuous pagination or tabs, a front cover and a general table of contents; [ 10 ] THE WHOLE , costs to follow.

NICOLE DUVAL HESLER, C.J.Q. JACQUES A. LÉGER, J.A. MANON SAVARD, J.A.