National Commercial Bank c. Suleman 2015 QCCA 1593 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025347-154 (500-17-079906-130) MINUTES OF THE HEARING DATE: September 28, 2015 CORAM: THE HONOURABLE françois doyon , J.A. manon savard , J.A. étienne parent , J.A. APPELLANT COUNSEL THE NATIONAL COMMERCIAL BANK Mtre PIERRE-JÉRÔME BOUCHARD Mtre ÉMIRA TUFO (McCARTHY TÉTRAULT) RESPONDENT COUNSEL SEID SULEMAN Mtre RYAN SCHWARTZ (Dufresne Hébert Comeau inc.) On appeal from a judgment rendered on May 11, 2015 by the Honourable Justice Claudine Roy of the Superior Court, District of Montreal

DESCRIPTION : Motion to dismiss the appeal and subsidiary motion for security (Articles 501 (4.1), 501 (5) and 497 C.C.P.) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 12:22 Commencement of the hearing. 12:22 Submissions by Mtre Schwartz. 12:27 Submissions by Mtre Bouchard. 12:40 Recess. 12 h 48 Resumption of the hearing. 12 h 48 Reply by Mtre Schwartz. 12 h 53 Reply by Mtre Bouchard on the motion for security. 12 h 57 By the Court: Judgment to be rendered at 2:30 pm today. 14 h 28 Resumption of the hearing. 14 h 28 By the Court: judgment – see page 3.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The Petitioner does not convince the Court that this appeal has no reasonable chance of success. [ 2 ] Moreover, the fact that the Appellant has no assets, nor any activities in Quebec, is insufficient to grant the motion for security. FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES the motion, costs to follow. françois doyon, J.A.

manon savard, J.A. étienne parent, J.A.