2017 QCCA 1063, 2017 QCCA 1063

Christina America inc. c. Van Ness 2017 QCCA 1063 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026627-174 (500-17-075267-123) MINUTES OF THE HEARING DATE: July 4, 2017 CORAM: THE HONOURABLE manon savard , J.A. geneviève marcotte , J.A. mark schrager , J.A. APPELLANT COUNSEL CHRISTINA AMERICA INC. Mtre JEAN-YVES SIMARD (absent) (Lavery, De Billy s.e.n.c.r.l.) RESPONDENT COUNSEL KATHY VAN NESS Mtre RAPHAEL LEVY (Levy Tsotsis) On appeal from a judgment rendered on December 19, 2016 by the Honourable Justice Christian J. Brossard of the Superior Court, District of Montreal

DESCRIPTION : Application to dismiss an appeal (Article 365 C.C.P .) Application seeking security for costs (Article 364 C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:37 Commencement of the hearing. Identification of counsel. 9:37 Justice Schrager addresses Mtre Levy. 9:39 By The Court : judgment – see page 3.

Robert Osadchuck Clerk BY THE COURT JUDGMENT The Court takes cognizance of the Notice to continue proceedings issued by the attorney for Respondent on June 29, 2017 and instructs Me Levy that he is required to move for the dismissal of the appeal failing its continuance by the bankruptcy trustee within 10 days. To this end, the motion to dismiss the appeal is continued to August 7, 2017 at which time Me Levy can seek dismissal of the appeal should the trustee fail to appear. MANON SAVARD, J.A. GENEVIÈVE MARCOTTE, J.A. MARK SCHRAGER, J.A.