2019 QCCA 1006, 2019 QCCA 1006

Summit-Tech Multimedia Communications inc. c. 6725392 Canada inc. 2019 QCCA 1006 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028187-193 (500-11-051743-165) MINUTES OF THE HEARING DATE: June 3, 2019 CORAM: THE HONOURABLE ALLAN R. HILTON , J.A. MARTIN VAUCLAIR , J.A. MICHEL BEAUPRÉ , J.A. APPELLANT COUNSEL SUMMIT-TECH MULTIMEDIA COMMUNICATIONS INC. Mtre MAX R.

BERNARD (LCM Avocats Inc.) RESPONDENTS COUNSEL 6725392 canada inc. pavel pavlov Mtre JONATHAN FEINGOLD sYDNEY WARSHAW ( articling student) (Robinson Sheppard Shapiro) On appeal from a judgment rendered on February 18, 2019 by the Honourable Justice Marie-Anne Paquette of the Superior Court, District of Montreal

DESCRIPTION : Respondents’ Application to dismiss the appeal and to declare it abusive (Articles 51 and 365 C.C.P .) Application for leave to appeal after the expiry of the time limit from a judgment rendered in the course of a proceeding on December 19, 2018 by Madam Justice Marie-Anne Paquette (Articles 31 and 363 C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 12:19 Commencement of the hearing.

Identification of counsel. 12:19 Submissions by Mtre Feingold. 12:40 Submissions by Mtre Bernard. 1:05 Reply by Mtre Feingold. 1:12 Recess. 1:17 Resumption of the hearing. 1:17 By the Court: judgment – see page 3.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Without expressing an opinion as to the correctness of the interlocutory judgment, we are of the view that leave to appeal should be granted, and accordingly leave to appeal is GRANTED . [ 2 ] The Application to dismiss the appeal is DISMISSED . [ 3 ] The matter is REFERRED to the Registry for the establishment of a timetable with respect to the conduct of the appeal. [ 4 ] The whole, costs to follow the outcome of the appeal. ALLAN R. HILTON, J.A.

MARTIN VAUCLAIR, J.A. MICHEL BEAUPRÉ, J.A.