2014 QCCA 1806, 2014 QCCA 1806

Entreposage Demi-équipe inc. c. Groupe Lacasse inc. 2014 QCCA 1806 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024609-141 ( 750-22-005963-149 ) MINUTES OF THE HEARING DATE: September 29, 2014 CORAM: THE HONOURABLES NICHOLAS KASIRER , J.A. JACQUES J. LEVESQUE , J.A. CLAUDE C. GAGNON , J.A. APPELLANT COUNSEL ENTREPOSAGE DEMI-ÉQUIPE INC. Mtre MARTINA BAKULA ( Légal Logik Inc. ) RESPONDENT COUNSEL GROUPE LACASSE INC. Mtre philippe chagnon ( Therrien Couture Avocats s.e.n.c.r.l. ) IMPLEADED PARTY INTÉRIEURS DE BUREAU MARQUIS INC.

In appeal from a judgment rendered on June 16, 2014 by the Honourable Mr. Justice Marc- Nicolas Foucault of the Court of Quebec, District of Saint-Hyacinthe DESCRIPTION : Motion to dismiss the appeal (Art. 501, para. 1 (2) and

(4.1) C.C.P.) Motion for special leave to appeal (Art. 523 C.C.P.) Clerk: Nadia Samy Courtroom: Pierre-Basile-Mignault HEARING 12:02 Commencement of the hearing. Comments by the Court to counsel. 12:04 Submissions by Mtre Bakula. Mtre Bakula submits an oral special leave to appeal given that the amount in dispute is under $50,000. 12:11 Submissions by Mtre Chagnon. 12:15 Rebuttal by Mtre Bakula. 12:17 Recess. 12:20 Resumption. Judgment – see page 3. 12:22 End of the hearing. Clerk BY THE COURT

JUDGMENT [ 1 ] In answer to respondent's motion to dismiss its appeal, Entreposage Demi-Équipe Inc. seeks special leave to appeal from a judgment of the Court of Quebec, District of Saint-Hyacinthe (the Honourable Marc-Nicolas Foucault), rendered on June 16, 2014, which dismissed its motion for revocation of judgment at the adjudication stage. [ 2 ] The amount in dispute is under $50,000. Leave to appeal is thus required pursuant to art. 26, para. 2 C.C.P. on pain of the appeal being dismissed. [ 3 ] The petitioner had filed, by reason of an apparent error of its legal counsel, an inscription in appeal.

Respondent Groupe Lacasse Inc. lost no time in filing a motion to dismiss pursuant to articles 501, para. 1 (2) and

(4.1) C.C.P. [ 4 ] In the circumstances, impossibility to act sooner within the meaning of art. 523 C.C.P. has been established to the satisfaction of the Court. [ 5 ] The petitioner must, however, show that an appeal would have a reasonable chance of success. [ 6 ] The refusal to submit to an examination for the purpose of testing the veracity of an affidavit entails the dismissal of the affidavit and the proceeding which it supported (art. 93, para. 2 C.C.P.).

The application of this rule is a matter of routine given that the right to examine the affiant is widely understood to be a strict one. [ 7 ] In the circumstances, the proposed appeal raises no question that merits the attention of the court and, even if the appeal were authorised, that appeal would have no reasonable prospect of success. FOR THE FOREGOING REASONS, THE COURT: [ 8 ] DISMISSES the petitioner Entreposage Demi-Équipe Inc.’s motion for special leave to appeal, with costs; [ 9 ] GRANTS the motion to dismiss the appeal filed by Groupe Lacasse Inc., with costs; [ 10 ] DISMISSES the appeal, with costs.

NICHOLAS KASIRER, J.A. JACQUES J. LEVESQUE, J.A. CLAUDE C. GAGNON, J.A.