2017 QCCA 1677, 2017 QCCA 1677

Whirlpool Canada c. Gaudette 2017 QCCA 1677 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027080-175 (500-06-000794-160) MINUTES OF THE HEARING DATE: October 30, 2017 THE HONOURABLE PATRICK HEALY, J.A. PETITIONERS COUNSEL WHIRLPOOL CANADA LP WHIRLPOOL CANADA INC. WHIRLPOOL CORPORATION SEARS CANADA INC. SEARS CANADA HOLDINGS CORP. SEARS ROEBUCK & CO.

Mtre LAURENT NAHMIASH ( Dentons Canada LLP ) RESPONDENT COUNSEL SYLVAIN GAUDETTE Mtre JEFF ORENSTEIN ( Groupe de droit des consommateurs inc. ) DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of the proceedings on August 30, 2017 by the Honourable André Roy of the Superior Court, District of Montreal. (Articles 31 and 357 C.C.P. ) Clerks: Mihary Andrianaivo Quentin A. Desrosiers Courtroom: RC.18

HEARING 9: 30 Commencement of the hearing. Identification of counsel. Suspension of the hearing. 10: 10 The hearing is resumed. Arguments of Mtre Nahmiash. 10: 23 Arguments of Mtre Orenstein. 10: 30 Rebuttal by Mtre Nahmiash. 10: 33 Recess. 10: 36 The hearing is resumed. By the judge: The motion is granted. 10: 42 Conclusion of the hearing. Mihary Andrianaivo / Quentin A. Desrosiers Clerks BY THE JUDGE JUDGMENT [ 1 ] The undersigned, adjudicating an application for leave to appeal from a judgment rendered by the Superior Court on August 30, 2017 by the Honourable André Roy; [ 2 ] After examining the file and hearing the parties; [ 3 ] Given

article 31 C.C.P. ; [ 4 ] Given that there should be case management and that the appeal proceed by memoranda pursuant to

article 37 of the Civil Practice Regulation, which reads as follows: 37. Leave to Appeal for a Judgment in the Course of a Proceeding (art. 31). A judge who grants leave to appeal from a judgment rendered in the course of proceedings shall establish the date and duration of hearing and establish a timetable for the filing of memoranda unless, for such purpose, the judge refers the matter to the Clerk (art. 368 & 374).

THEREFORE, THE UNDERSIGNED: [ 5 ] GRANTS the motion for leave to appeal; [ 6 ] GRANTS leave to appeal; [ 7 ] ORDERS the suspension of proceedings in first instance; [ 8 ] PLACES the case on the role of April 20, 2018, in room Antonio-Lamer at 9:30am, for a 60 minutes hearing (30 minutes for each party);

[ 9 ] ORDERS the appellant, after having notified a copy upon the respondent, to file in the Office of the Court, no later than January 31, 2018, five copies of a written argument not exceeding 15 pages . All documents necessary for the adjudication of the appeal (judgment under appeal, pleadings, excerpts from depositions, etc.) shall be attached; [ 10 ] ORDERS the respondent, after having notified a copy upon the appellant, to file in the Office of the Court, no later than March 05, 2018, five copies of a written argument not exceeding 15 pages and of his supplementary documents; [ 11 ] DIRECTS the parties’ attention to

section 376 C.C.P . and

article 55 of the Civil Practice Regulation , which read as follows: 376. The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension. A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal. 55. Format. The memorandum shall include a title page, a table of contents and be paginated consecutively.

The provisions relating to briefs (including the final requirements) apply to memoranda with the necessary adaptations. [ 12 ] DIRECTS the parties’ attention to Practice Direction G-3 (last amendment: February 27, 2017) encouraging them to attach a technological version to each paper copy of their brief, memorandum and book of authorities. Such technological version should preferably be in Word format but may also be in PDF format enabling key-word searches. The USB drive is the format preferred by the Court, but CD / DVD-ROM are also accepted ; [ 13 ] THE WHOLE , legal costs to follow. patrick healy, J.A.