2012 QCCA 1795, 2012 QCCA 1795

Farley (Estate of) c. Bank of Montreal 2012 QCCA 1795 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022312-128 ( 500-17-067023-112 ) MINUTES OF THE HEARING DATE: October 1, 2012 CORAM: THE HONOURABLE BENOÎT MORIN, J.A. PIERRE J. DALPHOND, J.A. JULIE DUTIL, J.A. APPELLANT ESTATE OF THE LATE JOAN FARLEY Mr. Mark Farley (via conference call) RESPONDENT ATTORNEY BANK OF MONTREAL Mtre Karine Lacombe-Joseph TREMBLAY AVOCATS INC. ATTORNEY

Motion to Dismiss the appeal from a judgment rendered on November 28, 2011 by Mtre François Leblanc, Special Clerk of the Superior Court, District of Montreal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 16 h 31 Beginning of the hearing. 16 h 31 The Court addresses to Mr. Farley. 16 h 31 Submission by Mr. Farley. 16 h 58 Submission by Mtre Lacombe-Joseph. 17 h 05 Recess. 17 h 20 Resumption of the hearing. 17 h 20 By the Court: judgment – see next page.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Though this Court is of the opinion that the issue of this appeal remains uncertain, the Respondent has not demonstrated that it has no reasonable chance of success regarding the alleged violation of the audi alteram partem rule (lack of hearing notice).

[ 2 ] However, the Respondent is right to argue that the brief as filed by the Appellant does not comply with the judgment of this Court rendered on July 5 th , 2012. [ 3 ] Finally, the Court considers that it is appropriate to order the Appellant to furnish within 30 days security in an amount of $20,000.

FOR THESE REASONS, THE COURT: [ 4 ] GRANTS in part the Respondent's motion as follows : - ORDERS the Appellant to provide security of $20,000 within 30 days; - ORDERS the Appellant to file within 30 days an amended factum that will exclude the following paragraphs of the factum filed in August: 6, 7, 8, 18, 19, 20, 21; [ 5 ] SUSPENDS the delay for the Respondent to file its factum until the above conditions are met; [ 6 ] The whole with costs to follow. BENOÎT MORIN, J.A. PIERRE J. DALPHOND, J.A. JULIE DUTIL, J.A.