2016 QCCA 718, 2016 QCCA 718
Opinion
Poppy Industries Canada Inc. c. Diva Delights Ltd. 2016 QCCA 718 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026014-167 (500-17-091675-150) MINUTES OF THE HEARING DATE: April 27, 2016 THE HONOURABLE robert m. mainville, J.A. PETITIONER ATTORNEYS poppy industries canada inc. Me sidney elbaz Me mirna kaddis (McMillan S.E.N.C.R.L., s.r.l.) RESPONDENT ATTORNEY diva delights ltd.
Mtre jonathan feingold (Robinson Sheppard Shapiro sencrl) DESCRIPTION: Amended application de bene esse for leave to appeal from a judgment in the Course of a Proceeding rendered on April 4, 2016 by William Fraiberg of the Superior Court, District of Montreal. (Articles 31, 357 C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC-18
HEARING 9:34 Commencement of the hearing. Discussions between the Judge and the Parties. BY THE JUDGE: Judgment – See page 3. 9:35 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] UPON the Amended Application de bene esse for Leave to Appeal submitted by Poppy Industries Canada inc. (« Poppy ») with regard to a judgment rendered orally on March 16, 2016 (transcribed April 4, 2016) by the Superior Court of the District of Montreal (the Honorable William Fraiberg) declaring (
a) that the Superior Court has no jurisdiction with respect to some aspects of Poppy’s claims and (
b) that there is lis pendens with respect to remaining aspects of those claims with an action in damages initiated by Diva Delights Ltd. (« Diva ») in the Court of Queen’s Bench of Manitoba. [ 2 ] WHEREAS on April 14, 2016 Poppy filed a notice of appeal as of right of the said judgment. [ 3 ] WHEREAS Diva has indicated that it does not intend to file an application to dismiss the appeal as of right filed by Poppy. [ 4 ] WHEREAS in Savoie v.
Thériault-Martel , 2015 QCCA 591 , par. 46 , this Court noted that when an application de bene esse for leave to appeal a judgment is filed where a notice of appeal as of right of the same judgment has also been filed, it is preferable for a judge to defer the application to a panel of the Court. FOR THESE REASONS , the undersigned: [ 5 ] DEFERS the Amended Application de bene esse for Leave to Appeal to the panel if this Court which will hear the appeal on its merit. robert m. mainville, J.A.
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