2020 QCCA 908, 2020 QCCA 908

In the Matter of Szeptynska 2020 QCCA 908 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027808-187 ( 500-11-054762-188 ) MINUTES OF HEARING DATE: July 9, 2020 CORAM: THE HONOURABLE PATRICK HEALY, J.A. STEPHEN W. HAMILTON, J.A. STÉPHANE SANSFAÇON, J.A. IN THE MATTER OF THE BANKRUPTCY OF raja szeptynska (ALIAS RITA RUBIN) APPELLANT COUNSEL Raja Szeptynska (ALIAS RITA RUBIN) Mtre Simon Grant ( Gilbert Séguin Guilbault ) By conference call RESPONDENTS COUNSEL Jorge Ferreira LORIANA FIORI Mtre Guy r.

Sirois By videoconference IMPLEADED PARTIES the superintendant of bankruptcy RONALD GAGNON DODICK LANDAU INC. ABSENT AND UNREPRESENTED On appeal from a judgment rendered on September 4, 2018 by the Honourable Michel A. Pinsonnault of the Superior Court , District of Montréal . DESCRIPTION: Motion to dismiss the appeal (Art. 200 al.2, 25, 49, 9 and 365 C.C.P. ) Clerk at the hearing : Elisabeth Lepage Courtroom: Pierre-Basile-Mignault

HEARING 9:30 Commencement of the hearing. Preliminary remarks by the Court. 9:31 Submissions by Mtre Sirois. Discussion between the Court and Mtre Sirois. 9:40 Submissions by Mtre Grant. 9:41 Discussion between the Court and Mtre Grant. 9:46 BY THE COURT: Judgment – see page 4. 9:48 Conclusion of the hearing.

Elisabeth Lepage, Clerk at the hearing JUDGMENT [ 1 ] The Appellant passed away on January 15, 2020. [ 2 ] On May 15, 2020, the attorney representing the Appellant notified the parties of her change of status. [ 3 ] The Respondents make a motion to dismiss the appeal on the basis that the appeal has not been continued by the liquidator of the Appellant’s succession or by her heirs. [ 4 ] The Respondents have not served the formal notice to continue the appeal required by

Article 200 C.C.P. on the liquidator or the heirs, because they do not know who they are and have been unable to obtain any information. [ 5 ] At the hearing, the attorney for the Appellant undertook to contact the Appellant’s son, Irwin Rubin, and ask him for the names and email addresses of the Appellant’s liquidator and her heirs, and to communicate the information to the Respondents upon receipt. [ 6 ] The Respondents undertook to send a notice to Irwin Rubin and to the individuals that he identifies. The Court will authorize the Respondents under

Article 133 C.C.P. to send the notice by email. [ 7 ] The motion to dismiss will be postponed to September 21, 2020.

FOR THESE REASONS, THE COURT: [ 8 ] ACKNOWLEDGES the undertaking of the Appellant’s attorney to contact the Appellant’s son, Irwin Rubin, and ask him for the names and email addresses of the Appellant’s liquidator and her heirs, and to communicate the information to the Respondents upon receipt; [ 9 ] AUTHORIZES the Respondents to send the formal notice to continue the appeal to Irwin Rubin and to the individuals that he identifies by email at the email addresses he provides; [ 10 ] POSTPONES the motion to dismiss to September 21, 2020, at 9:30 am, in the Mignault courtroom; [ 11 ] Without judicial costs.

PATRICK HEALY, J.A.

STEPHEN W. HAMILTON, J.A. STÉPHANE SANSFAÇON, J.A.