2018 QCCA 583, 2018 QCCA 583

Horge c. Pearson 2018 QCCA 583 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026635-177 (500-17-092163-156) MINUTES OF THE HEARING DATE: April 9, 2018 CORAM: THE HONOURABLE jacques chamblerland , J.A. marie-josée hogue , J.A. claudine roy , J.A. APPELLANT COUNSEL PETER (HODGE) HORGE Mtre HUGO R. MARTIN RESPONDENT COUNSEL DONALD PEARSON Mtre CHARLES POWELL ABELSON (Charles Powell Abelson) On appeal from a judgment rendered on January 23, 2017 by Mtre Dominic Aubé, Special Clerk of the Superior Court, District of Montreal

DESCRIPTION : Application to dismiss an appeal as having no reasonable chance of success and declaration that the notice of appeal is abusive (Articles 365 and 51 C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11:29 Commencement of the hearing. Identification of counsel. 11:29 Preliminary remarks of Justice Chamberland. 11:25 Submissions by Mtre Abelson. 11:40 By the Court: judgment – see page 3.

Robert Osadchuck Clerk JUDGMENT THE COURT : [ 1 ] DISMISSES the Application to dismiss the appeal, costs to follow the outcome of the appeal; [ 2 ] TAKES NOTE that both lawyers are prepared to recommend to their clients a mediation before a judge of this Court; [ 3 ] AUTHORIZES the parties to proceed by memorandum, with a written argument not exceeding 15 pages. jacques chamblerland, J.A. marie-josée hogue, J.A. claudine roy, J.A.