2016 QCCA 1675, 2016 QCCA 1675

Hayasa Productions Ltd. c. Bahlawanian 2016 QCCA 1675 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026350-165 (500-17-055326-105) MINUTES OF THE HEARING DATE : September 28, 2016 THE HONOURABLE MARTIN VAUCLAIR, J.A. PETITIONER COUNSEL HAYASA PRODUCTIONS LTD. Me S. MARK KMEC (Me S. Mark Kmec, avocat) RESPONDENTS COUNSEL KRIKOR BAHLAWANIAN ARAXI BAHLAWANIAN Me NAGI EBRAHIM (Ebrahim, Macleod) DESCRIPTION : Application for leave to appeal from a judgment rendered on September 7, 2016 by the Honourable Pierre Nollet of the Superior Court of Quebec, district of Montreal (arts. 31 and 357 C.C.P. ) Clerk: Annabel David Courtroom: RC-18

HEARING 9 : 37 Roll call and identification of the parties. Suspension. 10 : 42 Resumption of the hearing. Representations by Mtre. S. Mark Kmec. 11 : 01 Suspension. 11 : 24 Resumption of the hearing. Representations by Mtre. Ebrahim. 11 : 28 Mtre. Ebrahim produces schedules, to which Mtre. Kmec opposes. 11 : 29 Mtre. Ebrahim produces sources. 11 : 34 Mtre. Ebrahim asks the judge for the motions to be declared abusive. 11 : 35 Reply by Mtre. S. Mark Kmec. 11 : 40 Suspension of the hearing. 11 : 45 Resumption of the hearing. BY THE JUDGE : Judgment – page 3. (

s) Annabel David Clerk BY THE JUDGE JUDGMENT [ 1 ] The Petitioner seeks leave to appeal from a judgment of September 7, 2016, rendered by the Superior Court of Quebec, district of Montreal (The Honourable Pierre Nollet). [ 2 ] The motion, despite reference to

article 31 of the Code of civil procedure in the heading, is governed by

section 30 C.C.P. [ 3 ] An anticipated objection was submitted to the judge for a decision or for directives as to the conduct of the examination according to

article 228 C.C.P. The Petitioner was objected to a subpoena duces tecum for a post-judgment examination under

article 688 C.C.P. The judge dismissed the objection. [ 4 ] The Petitioner has not convinced me that the matter at issue is one that should be submitted to the Court. Errors alone do not justify leave to appeal: Société en commandite Les bois de Pierrefonds c. Domaine de parc Cloverdale, 2007 QCCA 292 ; Celliers Rosyma inc. c. Urgel Charrette Transport inc ., 2010 QCCA 1822 . Furthermore, judges must observe the principle of proportionality regardless of the stage at which they intervene while having regard to the proper administration of justice (article 18 C.c.p.).

In the circumstances of this file, notably the abusive behaviour of Hayasa Productions noted in the Superior Court judgment on the merits rendered on April 1 st , 2016, the Petitioner has not convinced me that leave should be granted. [ 5 ] The verbal request of the Respondents to declare the motion abusive is, however, without merit. FOR THE FOREGOING REASONS , the undersigned: [ 6 ] DISMISSES the motion, with legal costs on appeal against the petitioner. [ 7 ] DISMISSES the verbal motion to declare the motion abusive, without legal costs.

MARTIN VAUCLAIR, J.A.