2017 QCCA 1326, 2017 QCCA 1326

Schmerer c. Silver 2017 QCCA 1326 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026706-176 (540-17-005183-115, 540-17-008228-131) MINUTES OF THE HEARING DATE: September 1, 2017 THE HONOURABLE ROBERT M. MAINVILLE, J.A. APPELLANT COUNSEL SHARON SCHMERER Mtre MICHAEL N. BERGMAN (Bergman & Assoc.) RESPONDENTS COUNSEL JEFFREY SILVER Mtre JEAN EL MASRI ( El Masri Avocat Inc.) GUISEPPE RUSSOTTI ABSENT AND NOT REPRESENTED SECUR FINANCE INC. SERGE ROBINETTE CARMELO STEFANO RUSSOTTI JOHANNE SERPONE, LE GROUPE SYNDIC DE FAILLITTE INC. ès-qualités Trustee in Bankruptcy of 9085-8598 Québec Inc. SIFABEN HYPOTHÈQUE S.E.C. ABSENT AND NOT REPRESENTED

IMPLEADED PARTIES COUNSEL SECUR FINANCE INVESTISSEMENT 500 S.E.C. REGISTRE DES DROITS PERSONNELS ET RÉELS MOBILIERS DESCRIPTION: Application by the Appellant for an extension of time to deposit her brief. (Art. 373(3) C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC.18 HEARING 11:18 Commencement of the hearing. Submissions by Mtre Bergman. 11:24 Submissions by Mtre El Masri. 11:35 Rebuttal by Mtre Bergman. 11:36 BY THE JUDGE: Judgment – See page 3. 11:37 Exchanges between the Judge and the Parties. 11:39 End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The appellant is seeking an extension of time to file her appeal brief. [ 2 ] The respondent challenges the jurisdiction of a judge to hear such a motion. The respondent submits that the appeal has lapsed and consequently, only the Court may authorize the appellant to file her brief. The respondent adds that since a motion to dismiss a related appeal is scheduled to be heard by a panel of the Court on September 11, 2017, the appellant’s motion and any related motion to be relieved of the lapsed appeal should be heard and decided at the same time.

THEREFORE, THE UNDERSIGNED : [ 3 ] DEFERS the motion for an extension of time to file the appeal brief to the panel of the Court which will be hearing the motion to dismiss the related appeal in file #500-09-026727-172 on September 11, 2017, in the Pierre-Basile-Mignault court room, and ORDERS the appellant to produce four copies of the motion and the motion materials by September 7, 2017. [ 4 ] AUTHORIZES the appellant to produce a motion to be relieved of the lapsed appeal by September 7, 2017, presentable on September 11, 2017, in the Pierre-Basile-Mignault court room, to be heard at the same time as her motion to dismiss the related appeal in file #500-09-026727-172. [ 5 ] THE WHOLE , without costs.

ROBERT M. MAINVILLE , J.A.