2015 QCCA 1191, 2015 QCCA 1191
Opinion
6943870 Canada inc. c. 9202-9131 Québec inc. 2015 QCCA 1191 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025242-157 (500-17-064993-119) MINUTES OF THE HEARING DATE: July 10, 2015 CORAM: THE HONOURABLE nicole duval hesler , C.J.Q. MARK SCHRAGER , J.A. ROBERT M. MAINVILLE , J.A. APPELLANT COUNSEL 6943870 CANADA INC. Mtre LEON J. GREENBERG (Sternthal, Katznelson, Montigny sencrl) RESPONDENT COUNSEL 9202-9131 QUEBEC INC. Mtre ROBERT W. LORD (Polisuk, Lord) IMPLEADED PARTY COUNSEL DAN DUMESNIL 6943837 CANADA INC. MARK KANEB
On appeal from a judgment rendered on March 30, 2015 by the Honourable Justice Stephen W. Hamilton, of the Superior Court, District of Montreal. DESCRIPTION : Motion to dismiss appeal, or, alternatively to furnish security (501(4.1), 501(5), 497 C.C.P .) Clerk: Asma Berrak Courtroom: Pierre-Basile-Mignault HEARING 9:40 Commencement of the hearing. Identification of counsel. Mtre Lord has no representations. Submissions by Mtre Greenberg. 10:20 Recess of the hearing. 10:25 Resumption of the hearing. Judgment – see page 10:26 Conclusion of the hearing.
Asma Berrak Clerk BY THE COURT JUDGMENT [ 1 ] The Appellant fails to show, in the judgment a quo , any error which may give rise to the intervention of the Court. As to the amount of damages, which is a purely factual issue, the Appellant fails to point to any palpable and overriding error, as per the teachings of the Court. [ 2 ] We are of the unanimous view that the appeal has no reasonable chance of success. [ 3 ] The motion to dismiss appeal is GRANTED with costs. The appeal is DISMISSED , with costs.
nicole duval hesler, C.J.Q. MARK SCHRAGER, J.A. ROBERT M. MAINVILLE, J.A.
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