2016 QCCA 1052, 2016 QCCA 1052

Fleming c. McGill University 2016 QCCA 1052 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025487-158 (500-22-211123-149) MINUTES OF THE HEARING DATE: June 13, 2016 CORAM: THE HONOURABLE nicole duval hesler , C.J.Q. MARTIN VAUCLAIR , J.A. ÉTIENNE PARENT , J.A. APPELLANT JAMES FLEMING IN PERSON RESPONDENT COUNSEL McGILL UNIVERSITY Mtre ANNIE BOURGEOIS (Langlois avocats, s.e.n.c.r.l.) DESCRIPTION : Motion for permission to present indispensable new evidence (Article 380 C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault

HEARING 15:20 Commencement of the hearing. Identification of counsel. 15:20 Chief Justice addresses to Mr. Fleming. 15:23 Submissions by Mtre Bourgeois. 15:39 Submissions by Mr. Fleming. 16:10 Reply by Mtre Bourgeois. 16:24 Recess. 16:37 Resumption of the hearing. 16:37 By the Court: judgment – see page 3. 16:38 Conclusion of the hearing. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] McGill’s Motion to Adduce New Additional Evidence is at best premature. Its attorney will have the opportunity to cross- examine the witnesses who will present the new evidence that Mr.

Fleming has been authorized to file. [ 2 ] If McGill deems it necessary to adduce additional evidence after the hearing of June 22 next, it may consider presenting a new Motion identifying precisely what facts it wants to lead into evidence, and through what witnesses or exhibits that result will be achieved in accordance with the best evidence rule. [ 3 ] For these reasons, the Motion is DISMISSED , costs to follow suit. NICOLE DUVAL HESLER, C.J.Q. MARTIN VAUCLAIR, J.A. ÉTIENNE PARENT, J.A.