9326-7557 Québec inc. c. Di Zazzo 2020 QCCA 240 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028583-193 ( 500-17-093622-168 ) MINUTES OF HEARING DATE: February 10, 2020 CORAM: THE HONOURABLE MARIE-FRANCE BICH, J.A. STEPHEN W. HAMILTON, J.A. STÉPHANE SANSFAÇON, J.A. APPELLANTS COUNSEL 9326-7557 QUÉBEC INC. CONSTANTIN CHRIS NIPHAKIS MARK BLUMENTHAL Mtre JEFFREY NEIL SCHWARZ ( Schwartz Gerson ) RESPONDENT COUNSEL CIVITA DI ZAZZO Mtre MATTHEW MELAND ( Greenspoon Bellemare ) On appeal from a judgment rendered on August 26, 2020 by the Honourable Martin F.

Sheehan of the Superior Court, District of Montreal. DESCRIPTION: Application to dismiss the appeal of appellants 9326-7557 Québec inc. and Constatin Chris Niphakis Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 10:05 a.m. Commencement of the hearing. Identification of counsel. 10:05 a.m. Submissions by Mtre Meland. 10:10 a.m. Submissions by Mtre Schwartz. 10:35 a.m. Reply by Mtre Meland 10:44 a.m. Reply by Mtre Schwartz.

10:44 a.m. Recess of the hearing. 10:55 a.m. Resumption of the hearing.

Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] Considering the judgment of the Court rendered on November 25, 2019 ordering appellants 9326-7557 Québec inc. and Constantin Chris Niphakis “to furnish a suretyship in the amount of $50,000 within 30 days of this judgment”; [1] [ 2 ] Considering that the appellants 9326-7557 Québec inc. and Niphakis have not complied with this order; [ 3 ] Considering that, through counsel, they claim to be financially unable to comply with the Court’s order; [ 4 ] Considering, however, that they did not file any affidavit or other evidence in support of this allegation; [ 5 ] Considering art. 364 and 365 C.C.P ; [ 6 ] Considering the questions raised as to the consequences of the appeal of appellant Blumenthal; FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the application to dismiss the appeal of appellants 9326-7557 Québec inc. and Constantin Chris Niphakis, with judicial costs; [ 8 ] DISMISSES the appeal of 9326-7557 Québec inc. and Constantin Chris Niphakis, with judicial costs; [ 9 ] CONFIRMS that, pursuant to art. 385 C.C.P. , all conclusions of the judgment of the Superior Court against Mr.

Blumenthal are suspended pending his appeal. MARIE-FRANCE BICH, J.A. STEPHEN W. HAMILTON, J.A. STÉPHANE SANSFAÇON, J.A.