2013 QCCA 21, 2013 QCCA 21

Kadar (Succession de) 2013 QCCA 21 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023077-126 ( 500-17-067486-111 ) MINUTES OF THE HEARING DATE: January 7, 2013 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. ALLAN R. HILTON, J.A. MARIE ST-PIERRE, J.A. APPELLANT ATTORNEYS SUSAN REICHMAN, es qualité liquidator of the Estate of the Late Edith Kadar Mtre Jacques S. Darche Mtre Elisabeth Evans-Olders BORDEN LADNER GERVAIS RESPONDENT ATTORNEYS GABOR KADAR Mtre Barry Landy Mtre Véronique Belley SPIEGEL SOHMER

Motion to dismiss the appeal from a judgment rendered on October 2, 2012 by the Honourable Justice Claudette Picard of the Superior Court, District of Montreal. De bene motion for leave to appeal. Appellant's motion to cancel provisional execution. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11 h 55 Beginning of the hearing.

The motion for leave to appeal de bene esse is not contested. 11 h 55 Representations by Mtre Landy on the motion to cancel provisional execution. 12 h 10 Representations by Mtre Darche. 12 h 21 Representations by Mtre Landy. 12 h 31 Reply by Mtre Darche. 12 h 35 Recess. 12 h 42 Resumption of the hearing. 12 h 42 By the Court : judgment – see next page. Robert Osadchuck Clerk BY THE COURT

JUDGMENT [ 1 ] The motion to dismiss the appeal based on subparagraph 4.1 of the first paragraph of

article 501 C.C.P. is DISMISSED without a hearing and without costs. [ 2 ] The motion for leave to appeal de bene esse is not contested. [ 3 ] The parties have already taken steps to begin a mediation procedure in the Court of Appeal. [ 4 ] As regards the motion to suspend provisional execution of the judgment appealed from, the parties have agreed on certain conditions under which suspension can be ordered by the Court. [ 5 ] In view of the foregoing, the Court: [ 6 ] GRANTS the motion for leave to appeal de bene esse ; [ 7 ] DEFERS the file to the Master of the Rolls for all further case management matters; [ 8 ] GRANTS the motion to suspend the provisional execution of the judgment appealed from in respect of paragraphs 55, 56, 59 and 60, as well as the second subparagraph of paragraph 61 of said judgment; [ 9 ] SUBSTITUTES to the last sentence of paragraph 57 of said judgment, which reads “The whole within (90) ninety days of the date of present judgment”, the sentence “The whole not later than January 18, 2013”; [ 10 ] ADDS at the end of the first subparagraph of paragraph 61 of said judgment the words “other than the expenses to be incurred by Susan Reichman in the ordinary course of liquidation of the estate in the Bahamas and the cost of accountants engaged by Susan Reichman to furnish an accounting”; [ 11 ] The whole with costs to follow the outcome of the appeal.

YVES-MARIE MORISSETTE, J.A. ALLAN R. HILTON, J.A. MARIE ST-PIERRE, J.A.