Fardad c. Altitude Montreal inc. 2017 QCCA 458 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026553-172 (500-17-093748-161) MINUTES OF THE HEARING DATE: March 20, 2017 CORAM: THE HONOURABLE allan r. hilton , J.A. claude c. gagnon , J.A. geneviève marcotte , J.A. APPELLANT COUNSEL MAHMOOD FARDAD Mtre KARIM RENNO Mtre MOLLY KRISHTALKA (Renno Valthilakis Inc.) RESPONDENT COUNSEL altitude montreal inc. Mtre paul déry-goldberg Mtre marie-lou laprise (Spiegel Sohmer inc.) On appeal from a judgment rendered on December 5 th , 2016 by the Honourable Justice André Prévost of the Superior Court, District of Montreal

DESCRIPTION : Application to dismiss an appeal (Article 365 C.C.P .) Application to adduce new indispensable evidence (Article 380 C.C.

P) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:37 Commencement of the hearing. Identification of counsel. 9:37 Submissions by Mtre Renno. 9:37 Submissions by Mtre Dery-Goldberg. 9:51 Reply by Mtre Renno. 9:52 Recess. 10:03 Resumption of the hearing. 10:03 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] We are not satisfied that the allegations of impossibility to act in the circumstances alleged in the appellant’s motion are sufficient to justify the Court granting the motion to adduce indispensable new evidence. [ 2 ] As far the appeal as framed is concerned, respondent’s motion to dismiss the appeal pursuant to

article 365 C.C.P . is well founded, given the appropriate exercise of the trial judge’s discretion in the circumstances described in the judgment under appeal. FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES the appellant’s motion to adduce indispensable new evidence, with legal costs; [ 4 ] GRANTS the respondent’s motion to dismiss the appeal, with legal costs; [ 5 ] DISMISSES the appeal, with legal costs.

ALLAN R. HILTON, J.A. CLAUDE C. GAGNON, J.A. GENEVIÈVE MARCOTTE, J.A.