2014 QCCA 2355, 2014 QCCA 2355

Aleco International inc. c. Héloise Thibodeau Architecte inc. 2014 QCCA 2355 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024859-142 ( 500-22-209318-149 ) MINUTES OF THE HEARING DATE: December 19, 2014 THE HONOURABLE MARK SCHRAGER , J.A. PETITIONERS COUNSEL ALECO INTERNATIONAL INC. 9249-4079 QUEBEC INC. ALEXANDRE SALAMEH Mtre Norman H. Goldberg RESPONDENT COUNSEL HÉLOISE THIBODEAU ARCHITECTE INC.

Mtre Sarah galella ( Sarrazin Plourde S.A . ) DESCRIPTION: Motion for permission to appeal a final judgment rendered on October 31 st 2014, by the Honourable Madame Justice Marie-Michelle Lavigne, of the Quebec Court, district of Montreal. (Art. 29, 490 & 494 Code of civil procedure) Clerk: Asma Berrak Courtroom: RC.18

HEARING 12:28 Commencement of the hearing. Identification of counsel. Submission by Mtre Goldberg. 12:33 Submission by Mtre Galella. 12:36 Intervention by Mtre Goldberg. 12:42 Suspension. 12:44 Resumption. Judgment-see page 3. 12:46 Conclusion of the hearing. Clerk BY THE JUDGE JUDGMENT [ 1 ] Petitioner seeks leave to appeal a final judgment rendered on October 31, 2014 by the Court of Quebec, district of Montreal (the Honourable Marie-Michelle Lavigne). [ 2 ]

Article 26, para. 2 of the CCP provides that leave may be granted by a judge of the Court of appeal where: “…the matter at issue is one which ought to be submitted to the Court of Appeal, particularly where, in the opinion of the judge, the matter at issue is a question of principle, a new issue or a question of law that has given rise to conflicting judicial precedents”. [ 3 ] The grounds invoked in the motion, though stated to be errors of law, are errors on questions of fact or mixed fact and law with the exception of grounds 6, I , a., b. and d. dealing with pre-incorporation liability, the ratification of obligations by a corporation and the application of

article 319 CCQ . The judge states that 9249-4079 Québec inc. ratified the contract yet she holds those who signed on its behalf prior to incorporation, liable. I see here a question which merits the attention of the Court of Appeal. [ 4 ] Given the amount in issue and concerns of proportionality the appeal will proceed by written argument maximum 10 pages, subject to normal delays.

FOR THE FOREGOING REASONS, THE UNDERSIGNED : [ 5 ] GRANTS the motion for permission to appeal and GRANTS leave to appeal with regard to the matter raised in paragraphs 6, I , a., b. and d. of the motion. [ 6 ] ORDERS that the case proceeds by written argument of a maximum of 10 pages per party subject to normal delays. [ 7 ] COSTS to follow. MARK SCHRAGER , J.A.