2015 QCCA 1835, 2015 QCCA 1835

Company A c. S.R. 2015 QCCA 1835 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025685-157 (500-12-309943-110) MINUTES OF THE HEARING DATE: November 4, 2015 THE HONOURABLE MARTIN VAUCLAIR, J.A. PETITIONERS ATTORNEY [COMPANY A] [COMPANY B] [COMPANY C] [COMPANY D] [COMPANY E] Mtre MICHAËL BARDAGI (Bardagi Sénéchal Inc.) RESPONDENTS ATTORNEY S. R. Mtre MARIA RITA BATTAGLIA (Maria R. Battaglia, Avocats) IMPLEADED PARTY ATTORNEY

G. T. CAISSE POPULAIRE DESJARDINS TERREBONNE CAISSE POPULAIRE DESJARDINS BANQUE TD CANADA TRUST BANQUE ROYALE DU CANADA CAISSE DESJARDINS Mtre MICHAEL HOLLANDER (Oiknine & Associé

s) DESCRIPTION: Motion for permission to appeal (Art. 26 para. 2(3) and Art. 494 C.P.C.) Clerk: Shirley Thomas Courtroom: RC-18 HEARING 10 :28 Commencement of the hearing. Identification of counsel. 10 :29 Representations by Mtre Bardagi. 11 :00 Recess. 11 :20 Resumption of the hearing. 11 :21 Representations by Mtre Battaglia. 11 :47 Reply by Mtre Bardagi. 11 :50 Representation By Mtre Hollander 11 :52 Recess. 12 :09 Resumption of the hearing. 12 :09 By the Judge: Judgement – See page 3. 12 :14 Exchange between the judge and the attorneys. 12 :16 Mtre Hollander inform the Judge that Mr.

T. is not going to file a written argument. 12: 16 Conclusion of the hearing. SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT

[ 1 ] Appellants seek leave to appeal a judgment rendered on October 1st, 2015 by the Honorable Justice Gérard Dugré of the Superior Court of Quebec, judicial district of Montreal. [ 2 ] A writ of seizure was issued to seize bank accounts or property belonging not only to the Plaintiff, G. T. in a divorce proceeding, against whom the Judgment of divorce was rendered, but also belonging to various companies related to him, the Appellants.

However, no judgment was ever rendered against the Appellants. [ 3 ] Without expressing any views on the merits, I am convinced, and the debate in front of me this morning confirms this, that the application should be granted. [ 4 ] Given the relative urgency and rule 50 the Rules of the Court of Appeal in Civil Matters , the appeal shall proceed on the basis of the fast track procedure. [ 5 ] Given rules 48 and 49 of the Rules of the Court of Appeal in Civil Matters , which reads as follows: 54. Abandonment.

Where the appellant’s arguments and documents standing in lieu of the factum are not served and filed within the established time limit, the appeal shall be deemed to be abandoned and

article 503.1 of the Code of Civil Procedure shall apply, mutatis mutandis . 55. Foreclosure. Where the respondent’s argument and, if applicable, documents standing in lieu of the factum are not served and filed within the established time limit, the respondent shall be foreclosed from filing and

article 505 of the Code of Civil Procedure apply, mutatis mutandis.

FOR THESE REASONS , the undersigned : [ 6 ] GRANTS leave to appeal; [ 7 ] PLACES the case on the role of February 12, 2016 for a 60 minutes hearing; [ 8 ] ORDERS the appellant, after having served a copy upon the respondent, to file in the office of the Court, no later than December 11, 2015 , five copies of a written argument not exceeding 15 pages , of the exhibits that would normally have made up schedules I, II and III of his factum and of his authorities; [ 9 ] ORDERS the respondent, after having served a copy upon the appellant, to file in the office of the Court, no later than January 22, 2016 , five copies of a written argument not exceeding 15 pages , of his supplementary documents and of his authorities; [ 10 ] ORDERS the parties to present their written arguments on 21.5 cm X 28 cm (8 ½ X 11 in.) paper, with line spacing of at least 1.5 lines (except in the case of quotations, which must be single-spaced and indented), and the computer-prepared text shall be in 12- point type, with no more than 12 characters per 2.5 cm, the use of the font ARIAL-12 being strongly recommended; [ 11 ] ORDERS that the documents filed by the parties carry a continuous pagination or tabs, a front cover and a general table of contents; [ 12 ] THE WHOLE , costs to follow.

MARTIN VAUCLAIR , J.A.