2014 QCCA 1481, 2014 QCCA 1481

Civelec Consultants inc. c. Glenn Piotrowski, Architect 2014 QCCA 1481 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-09-024637-142 (500-17-081723-143) MINUTES OF THE HEARING DATE: August 6, 2014 THE HONOURABLE MR. JUSTICE FRANÇOIS DOYON, J.A. PETITIONER ATTORNEY CIVELEC CONSULTANTS INC. Mtre Edward Figlarz BERNIER FIGLARZ RESPONDENTS ATTORNEY GLENN PIOTROWSKI, ARCHITECT, AND GLENN PIOTROWSKI ARTCHITECT LTD. Mtre Ronald H. Levy DE GRANDPRÉ CHAIT S.E.N.C.R.L.

MOTION FOR PERMISSION TO APPEAL FROM A JUDGMENT RENDERED ON JULY 24, 2014 BY THE HONOURABLE MADAM JUSTICE LUCIE FOURNIER OF THE SUPERIOUR COURT DISTRICT OF MONTREAL (Art. 26, al. 4.1, 29(1,2&3) & 494 CCP) Clerk: Asma Berrak Court Room: RC.18

HEARING 11:52: Beginning of hearing. Identification of counsel. 11:52: Submission by Mtre Figlarz. 12:09: Submission by Mtre Levy. 12:20: Reply by Mtre Figlarz. 12:23: Judgment-see page 3. 12:24: Conclusion of hearing.

Asma Berrak Clerk JUDGMENT [ 1 ] The applicant does not convince me that the judgment ordered the doing of anything which could not be remedied by the final judgment on the motion (art. 29 C.c.p .). [ 2 ] Moreover, the written agreement between the parties as to the conduct of proceeding does not refer to the cross examination of an affiant. [ 3 ] As for any other right, the right to cross examination has to be exercised reasonably. In light of the evidence, it has not. [ 4 ] For these reasons, this appeal would have no reasonable chance of success and the motion is DENIED, with costs. FRANÇOIS DOYON, J.A.