2011 QCCA 270, 2011 QCCA 270

9200-8374 Quebec Inc. (Syndic de) 2011 QCCA 270 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021169-107 (500-11-035409-099) MINUTES OF THE HEARING DATE: February 7, 2011 CORAM: THE HONOURABLE FRANÇOIS PELLETIER, J.A. ANDRÉ ROCHON, J.A. JACQUES DUFRESNE, J.A. IN THE MATTER OF THE INTERIM RECEIVERSHIP OF: 9200-8374 QUEBEC INC. Debtor APPELLANT- Creditor / Claimant ATTORNEY LOCATION CLAIREVIEW, G.P. Mtre Roger Vokey SHAFFER & ASSOCIATES RESPONDENT – Interim Receiver ATTORNEY ABERBACK LAPOINTE & ASSOCIÉS INC., SYNDIC Mtre Marc Duchesne BORDEN LADNER GERVAIS

Respondent's motion to dismiss the appeal from a judgment rendered on October 19, 2010 by the Honourable Yves Poirier of the Superior Court, District of Montreal. Appellant's motion for permission to appeal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 14 h 01 Beginning of the hearing 14 h 01 Argument by Mtre Duchesne 14 h 10 Argument by Mtre Vokey 14 h 17 Reply by Mtre Duchesne 14 h 20 Reply by Mtre Vokey 14 h 20 Recess 14 h 20 Resumption of the hearing 14 h 20 By the Court: judgment (see next page) Robert Osadchuck Clerk BY THE COURT JUDGMENT

[1] The inscription in appeal is late and the grounds on which the Appellant relies to seek leave to appeal do not meet the criteriaset forth by this Court in 124298 Canada Inc. v. Swiss Bank Corp. (Canada) (QC CA), [1996] R.D.J. 531. [2] More particularly, there is no valid reason to explain the additional delay. [3] Furthermore, the Interim Receiver suffers prejudice from same. THEREFORE, THE COURT: [4] DISMISSES the Appellant's Motion for Leave to Appeal, with costs; [5] GRANTS the Interim Receiver's Motion to quash the appeal, with costs; [6] DISMISSES the appeal, with costs. FRANÇOIS PELLETIER, J.A. ANDRÉ ROCHON, J.A. JACQUES DUFRESNE, J.A.