2018 QCCA 514, 2018 QCCA 514
Opinion
Syndic de Robojo inc. 2018 QCCA 514 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026805-176 (500-11-005462-912, 500-11-005463-910, 500-11-005464-918) MINUTES OF THE HEARING DATE: March 28, 2018 THE HONOURABLE MANON SAVARD, J.A. In the matter of the bankruptcy of Robojo Inc. APPELLANT COUNSEL HOWARD B. HOPPENHEIM, in his capacity as Trustee of the estate of Robojo Inc. Mtre ELISE ABRAMOWICZ Mtre GILLES PAQUIN (Fishman Flanz Meland Paquin s.e.n.c.r.l.) RESPONDENTS COUNSEL FEDERAL PLASTICS MFG. LTD. PRIMEX PLASTICS CORPORATION TARYAG INC. LÉON GRUNBERGER EUGÈNE GRUNBERGER Mtre ALAN M.
STEIN (Alan M. Stein) DESCRIPTION: Application of the appellant to present supplementary evidence to form part of the joint record and his factum. (Art. 378 C.C.P. )
Clerk: Mihary Andrianaivo Courtroom: RC.18 HEARING 9:39 Calling of the roll. Exchanges between the Judge and Counsel. 9:41 Recess. 11:49 Resumption of the hearing. Submission by Mtre Alan M. Stein. 11:54 Submission by Mtre Elise Abramowicz. 12:02 Mtre Stein has no rebuttal. BY THE JUDGE : Judgment – See page 3. 12:04 Conclusion of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The respondents seek permission to add two additional inadvertently omitted exhibits to
Schedule III of their brief filed on February 2, 2018. [ 2 ] Although these additional exhibits, P-13 and P-14, were filed before the trial judge, the appellant opposes their filing here, arguing that they are not relevant to the appeal. [ 3 ] I cannot sustain the appellant’s objection. The exhibits in question were filed before the trial judge (without objection by the appelant) and are related to one of the grounds of appeal raised in the cross-appeal, as acknowledged by the appellant.
The respondents are of the view that these exhibits are relevant (art. 372 C.C.P. ) and necessary for the Court to resolve the issues on appeal (s. 45 of the Civil Practice Regulation (Court of appeal)). The appellant suffers no prejudice from this addition to the brief and may always argue the relevance of the exhibits at the appeal hearing. FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] AUTHORISES the respondents to file a new version of their brief for the sole purpose of adding exhibits P-13 and P-14, no later than April 11, 2018. MANON SAVARD , J.A.
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