2017 QCCA 1361, 2017 QCCA 1361

Volkswagen Group Canada Inc. c. Option Consommateurs 2017 QCCA 1361 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026970-178 (500-06-000761-151) MINUTES OF THE HEARING DATE: September 12, 2017 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONERS COUNSEL VOLKSWAGEN GROUP CANADA INC. VOLKSWAGEN GROUP OF AMERICA INC. VOLKSWAGEN AG AUDI CANADA INC. AUDI OF AMERICA INC. AUDI AG Mtre ROBERT E.

CHARBONNEAU ( Borden Ladner Gervais, s.e.n.c.r.l., s.r.l. ) RESPONDENTS COUNSEL OPTION CONSOMMATEURS FRANÇOIS GRONDIN Mtre maxime nasr (Belleau Lapointe, s.e.n.c.r.l.) DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of proceedings on July 5, 2017 by the Honourable Marie-Claude Lalande of the Superior Court, District of Montreal. (Art. 31 C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 9:32 Commencement of the hearing. Identification of counsel. The Respondents do not contest the application. 9:33 Exchanges between the Judge and the counsel. 9:37 BY THE JUDGE: Judgment – See page 3. 9:39 Exchanges between the Judge and the counsel pertaining to case management. 9:43 End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Whereas the petitioners seek leave to appeal from a judgment of the Superior Court, District of Montreal (the Honourable Madam Justice Marie-Claude Lalande), rendered on July 5, 2017, as the judgment pertains to the respondent’s application for a declaratory judgment in respect of Gen 2 AT vehicles; [ 2 ] Whereas the appellants state that they do not dispute that loan forgiveness is available for Gen 1 and manual transmission Gen 2 vehicles; [ 3 ] Whereas the respondents do not contest the application for leave and acknowledge the substance of paragraphs [1] and [2] above; [ 4 ] Considering in particular

article 31 C.C.P. ; [ 5 ] It is in the interest of justice that leave be granted and that the appeal proceed without briefs on the accelerated track pursuant to

article 37 of the Civil Practice Regulation, which reads as follows: 37. Leave to Appeal for a Judgment in the Course of a Proceeding (art. 31). A judge who grants leave to appeal from a judgment rendered in the course of proceedings shall establish the date and duration of hearing and establish a timetable for the filing of memoranda unless, for such purpose, the judge refers the matter to the Clerk (art. 368 & 374).

FOR THE FOREGOING REASONS, the undersigned: [ 6 ] GRANTS the application for leave to appeal; [ 7 ] GRANTS leave to appeal; [ 8 ] PLACES the case on the role of February 2, 2018 in room Pierre-Basile-Mignault at 9:30am, for a 120 minutes hearing; [ 9 ] ORDERS the appellant, after having notified a copy upon the respondent, to file in the Office of the Court, no later than October 30, 2017, five copies of a written argument not exceeding 20 pages .

All documents necessary for the adjudication of the appeal (judgment under appeal, pleadings, excerpts from depositions, etc.) shall be attached; [ 10 ] ORDERS the respondent, after having notified a copy upon the appellant, to file in the Office of the Court, no later than November 30, 2017 , five copies of a written argument not exceeding 20 pages and of his supplementary documents; [ 11 ] DIRECTS the parties’ attention to

section 376 C.C.P . and

article 55 of the Civil Practice Regulation , which read as follows: 376. The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues

a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension. A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal. 55. Format. The memorandum shall include a title page, a table of contents and be paginated consecutively.

The provisions relating to briefs (including the final requirements) apply to memoranda with the necessary adaptations. [ 12 ] DIRECTS the parties’ attention to Practice Direction G-3 (last amendment: February 27, 2017) encouraging them to attach a technological version to each paper copy of their brief, memorandum and book of authorities. Such technological version should preferably be in Word format but may also be in PDF format enabling key-word searches. The USB drive is the format preferred by the Court, but CD / DVD-ROM are also accepted ; [ 13 ] THE WHOLE , legal costs to follow suit.

NICHOLAS KASIRER, J.A.