2019 QCCA 2051, 2019 QCCA 2051
Opinion
9326-7557 Québec inc. c. Di Zazzo 2019 QCCA 2051 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No : 500-09-028583-193 ( 500-17-093622-168 ) MINUTES OF HEARING DATE: November 25, 2019 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. SUZANNE GAGNÉ, J.A. GENEVIÈVE COTNAM, J.A. APPELLANTS COUNSEL 9326-7557 QUÉBEC INC. CONSTANTIN CHRIS NIPHAKIS MARK BLUMENTHAL Mtre JEFFREY NEIL SCHWARTZ ( Schwartz Gerson ) RESPONDENT COUNSEL CIVITA DI ZAZZO Mtre MATTHEW MELAND ( Greenspoon Bellemare ) On appeal from a judgment rendered on August 26, 2019 by the Honourable Martin F.
Sheehan of the Superior Court , District of Montreal . DESCRIPTION: Application to dismiss the appeal and to declare it abusive, or subsidiarily, to furnish a suretyship (Articles 51, 364 and 365 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 10:48 a.m. Commencement of the hearing. Identification of counsel. 10:48 a.m. Submissions by Mtre Meland. 11:00 a.m. Recess of the hearing. 11:19 a.m. Resumption of the hearing. 11:19 a.m. Submissions by Mtre Schwartz. 11:28 a.m. Reply by Mtre Meland. 11:33 a.m. Reply by Mtre Schwartz.
11:33 a.m. Recess. 11:42 a.m. Resumption of the hearing. 11:42 a.m. By the Court: judgment – see page 3. Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] While the appeal may not be frivolous, the judgment appealed from is meticulously and thoroughly reasoned. It deals with several issues of pure fact and it underscores on the part of two of the defendants - who are now also appellants - various maneuvers which, if not fraudulent, are nevertheless highly suspicious.
According to the trial judge’s finding of facts, the respondents were the apparent victims of these maneuvers. [ 2 ] In view of the respective situation of the parties, it appears appropriate therefore to order the provision of a suretyship pursuant to
article 364 C.C.P . FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES the motion for dismissal of the appeal, without costs and without a hearing; [ 4 ] ORDERS 9326-7557 Québec Inc. and Constantin Chris Niphakis to furnish a suretyship in the amount of $ 50,000 within 30 days of this judgment; [ 5 ] Costs to follow. YVES-MARIE MORISSETTE, J.A. SUZANNE GAGNÉ, J.A. GENEVIÈVE COTNAM, J.A.
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