2018 QCCA 793, 2018 QCCA 793

Holiday Hospitality Franchising c. Hôtels Côte de Liesse inc. 2018 QCCA 793 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027482-181 (500-17-100372-179) MINUTES OF THE HEARING DATE: MAY 15, 2018 THE HONOURABLE MARK SCHRAGER, J.A. PETITIONER COUNSEL HOLIDAY HOSPITALITY FRANCHISING, LLC. Mtre PAUL-ANDRÉ MATHIEU ( Corporation d’avocats Mathieu inc.) RESPONDENT COUNSEL hotels cote de liesse inc.

Mtre alain gutkin ( Laframboise Gutkin s.e.n.c. ) DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of the proceeding on April 4 2018, reasons rendered on April 16 2018 by Jean-Yves Lalonde of the Superior Court, District of Montreal Clerk: Elisabeth Lepage Courtroom: RC-18

HEARING 10:22 Commencement of the hearing. Exchanges between the Judge and Mtre Mathieu 10:24 Submission by Mtre Mathieu 10:36 Submission by Mtre Gutkin 10:53 Recess 10:56 Continuation of the hearing BY THE JUDGE: The application for leave to appeal is granted. See judgment page 3. 11:01 Conclusion of the hearing.

Elisabeth Lepage Clerk BY THE JUDGE JUDGMENT [ 1 ] This is an application for leave to appeal the judgment rendered on April 16, 2018 by the Superior Court, District of Montreal (the Honourable Jean-Yves Lalonde), dismissing Applicant's declinatory exception. [ 2 ] Applicant invokes the clause of the contract between the parties indicating a choice of law and jurisdiction in the State of Tennessee, U.S.A.

The dispute centers around alleged false representations at the time the franchise agreement was renewed. [ 3 ] It is settled law [1] that a judgment dismissing a declinatory exception qualifies for leave to appeal pursuant to

Article 31 C.C.P. Contrary to Respondents' submission, I am not in a position to say that the appeal has no reasonable chance of success. The interest of the administration of justice indicates that leave be granted.

THEREFORE, THE UNDERSIGNED: [ 4 ] GRANTS the application for leave to appeal from a judgment rendered in the course of a proceeding; [ 5 ] GRANTS leave to appeal the judgment rendered on April 16, 2018 by the Superior Court, District of Montreal (the Honourable Jean-Yves Lalonde) in record number 500-17-100372-179; [ 6 ] ORDERS that the proceedings in first instance be suspended pending the outcome of the appeal; [ 7 ] PLACES the case on the role of October 26 2018 in room Pierre-Basil Mignault at 9:30am, for a 60 minutes hearing (30 minutes each); [ 8 ] ORDERS the appellant, after having notified a copy upon the respondent, to file in the Office of the Court, no later than July 31 2018, five copies of a written argument not exceeding 15 pages.

All documents necessary for the adjudication of the appeal (judgment under appeal, pleadings, excerpts from depositions, etc.) shall be attached; [ 9 ] ORDERS the respondent, after having notified a copy upon the appellant, to file in the Office of the Court, no later than August 31 2018 , five copies of a written argument not exceeding 15 pages and of his supplementary documents; [ 10 ] 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. [ 11 ] DIRECTS the parties’ attention to the Practice Direction G-3 of May 20, 2016, encouraging the filing with their paper version documents a technologic version that must be in PDF or Word format to enable key-word search and stored on a CD/DVD ROM or USB- key; [ 12 ] THE WHOLE , legal costs to follow. mark schrager, J.A.