Pin Payment Solutions Inc. c. CT-Paiement inc. 2019 QCCA 1143 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028369-197 ( 500-17-087188-150 ) MINUTES OF THE HEARING DATE: June 20, 2019 THE HONOURABLE MARIE-FRANCE BICH, J.A. PETITIONER COUNSEL Pin Payment Solutions inc. Mtre Leonard Kliger ( Leonard Kliger, avocat ) RESPONDENT COUNSEL Ct-Paiement inc.

Mtre luc mannella ( Mannella Gauthier Tamaro, Avocats inc. ) DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of the proceeding on May 22, 2019 by the Honourable Marc-André Blanchard of the Superior Court, District of Montreal (s. 31 C.C.P .) . Clerk: Stephane Robinson Courtroom: RC-18

HEARING 9:34 Commencement of the hearing. Identification of counsel. Recess of the hearing. 13:14 Resumption of the hearing. 13:14 Submissions by Mtre Kliger. 13:16 Exchanges between the judge and Mtre Kliger. 13:17 Intervention by Mtre Mannella. 13:35 Submissions by Mtre Mannella. 14:01 Intervention by the judge. 14:03 Submissions by Mtre Mannella. 14:07 Rebuttal by Mtre Kliger. 14:11 Recess of the hearing. 14:24 Resumption of the hearing. 14:24 BY THE JUDGE : Judgment – see page 3. 14:26 Conclusion of the hearing. Stephane Robinson BY THE JUDGE JUDGMENT [ 1 ] Considering the judgment of the Court in Debien v.

Chayer [1] , I am of the view, most respectfully, that the appeal has no reasonable chance of success and that, accordingly, leave to appeal should not be granted [2] . [ 2 ] The respondent filed its inscription for judgment in due time and, in the circumstances, the fact that the “joint declaration” was not filed, as it should have been, cannot justify dismissing the action even if the mistake was discovered three years later.

This delay is unfortunate, certainly, but the situation of the parties and the prejudice alleged by the applicant are not in any way comparable to those examined in 3092-8949 Québec inc. , [3] , which canvassed the issue quite thoroughly. THEREFORE, I: [ 3 ] DISMISS the motion for leave to appeal, with judicial costs. MARIE-FRANCE BICH, J.A.