2017 QCCA 1912, 2017 QCCA 1912
Opinion
Wong c. Bill Wong inc. 2017 QCCA 1912 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026704-171 (500-17-067696-115) MINUTES OF THE HEARING DATE: December 1, 2017 CORAM: THE HONOURABLE MARIE-FRANCE BICH , J.A. NICHOLAS KASIRER , J.A. CLAUDE C. GAGNON , J.A. APPELLANTS COUNSEL EARL WONG 9093-7244 QUÉBEC INC. m tre MICHAEL D. WORSOFF (Campbell Cohen Worsoff ) RESPONDENT COUNSEL BILL WONG INC. Mtre JULIEN LUSSIER (IMK S.E.N.C.R.L/IMK L.L.P.) IMPLEADED PARTIES COUNSEL AMBIENTI MOBILIER DESIGN DECOR INC. 9183-2212 QUÉBEC INC.
BUREAU DE LA PUBLICITÉ DES DROITS DE LA CIRCONSCRIPTION FONCIÈRE DE MONTRÉAL DESCRIPTION : Application for permission to present indispensable new evidence (Article 380 C.C.P. ) Clerk: Alya Elisio Courtroom: Pierre-Basile-Mignault HEARING
9:33 Commencement of the hearing. Mtre Worsoff explains the merits of his motion. 9:38 Argument of Mtre Lussier. 9:48 Reply by Mtre Worsoff. 9:58 Recess. 10:03 BY THE COURT : judgment- see page 4. Conclusion of hearing.
Alya Elisio Clerk BY THE COURT JUDGMENT [ 1 ] Paragraph 4 of the motion indicates that the document recording the calculation that the Appellants seek to adduce was “taken from documents that were filed into the record of the Superior Court at the time of hearing.” As such, it is not new evidence. [ 2 ] The Court notes that the Respondent contends that the calculation was not drawn solely from documents in the record, but is based on other information that was also available at the time of hearing.
According to the Respondent, it constitutes the rendering of account that the Appellants had not done in first instance. From this perspective as well, it is not new evidence. [ 3 ] In the circumstances, the Appellants have not convinced us that the requirements of
article 380 C.C.P. have been met. [ 4 ] The Appellants are, of course, free to present arguments on appeal based on the record as constituted in the Superior Court. FOR THE AFOREMENTIONED REASONS, THE COURT: [ 5 ] DISMISSES the motion, with legal costs. MARIE-FRANCE BICH, J.A. NICHOLAS KASIRER, J.A. CLAUDE C. GAGNON, J.A.
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