2019 QCCA 954, 2019 QCCA 954

Gowling WLG (Canada) c. Li 2019 QCCA 954 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028141-190 (500-22-237166-171) MINUTES OF THE HEARING DATE: May 27, 2019 CORAM: THE HONOURABLE NICOLE DUVAL HESLER , C.J.Q. JACQUES DUFRESNE , J.A. MARK SCHRAGER , J.A. APPLICANT COUNSEL GOWLING WLG (CANADA) S.E.N.C.R.L., s.r.l. Mtre RAFAEL P.

FERRARO (Gowling) RESPONDENT JUN LI UNREPRESENTED DESCRIPTION : Application of Gowling for leave to appeal from a judgment rendered on January 17, 2019 by Judge Catherine Pilon of the Court of Quebec, District of Montreal (Articles 30, para. 2 and 357 C.C.P .) Amended Application of Jun Li for leave to appeal after the expiry of time limit from the judgment rendered on January 17, 2019 by Judge Catherine Pilon of the Court of Quebec, District of Montreal (Article 363 C.C.P .)

Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 2:31 Commencement of the hearing. Identification of counsel. 2:31 Submissions by Mtre Ferraro. 2:49 Submissions by Mr. Li. 2: 52 Mr. Li files 2 letters : Letter dated December 20, 2016 by Mtre Charles Daviault. Letter dated December 9, 2016 signed by Me Charles Daviault. 2: 54 Recess. 3:01 Resumption of the hearing. 3:01 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Gowling WLG acted on behalf of the Respondent in an appeal.

They were successful. [ 2 ] Respondent would not pay the fees in full because Gowling WLG had not claimed the additional indemnity on appeal. The latter thought that it could not advance that claim on behalf of Respondent on appeal as the additional indemnity had not been sought in first instance. The judge was of the opinion that Gowling should have amended the Notice of Appeal to claim the additional indemnity and may well have been successful.

Thus Respondent’s cross-demand for the amount of the additional indemnity was granted. [ 3 ] There is no principle at stake here that would justify granting leave to appeal to Gowling WLG under art. 30 C.C.P . [ 4 ] As to Respondent’s belated application for leave to cross-appeal his condemnation for the fees owed to Gowling, it raises issues of fact only and no overriding and palpable error of fact has been identified before the Court. FOR THESE REASONS, THE COURT: [ 5 ] DISMISSES the Application for leave of Gowling WLG, with legal costs; [ 6 ] DISMISSES the amended Application of Mr.

Jun Li for leave to file an incidental appeal out of delays, with legal costs.

NICOLE DUVAL HESLER, C. J.Q. JACQUES DUFRESNE, J.A. MARK SCHRAGER, J.A.