2017 QCCA 1660, 2017 QCCA 1660
Opinion
Belley c. TD Auto Finance Services Inc. 2017 QCCA 1660 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026947-176 (500-06-000615-126) MINUTES OF THE HEARING DATE: October 23, 2017 CORAM: THE HONOURABLE MARK SCHRAGER , J.A. ROBERT M. MAINVILLE , J.A. MARIE-JOSÉE HOGUE , J.A. APPELLANT COUNSEL MAXIME BELLEY Mtre DAVID ASSOR (Lex Group Inc.) RESPONDENT COUNSEL TD AUTO FINANCE SERVICES INC. Mtre LAURENT NAHMIASH (Dentons Canda LLP) On appeal from a judgment rendered on June 16, 2017 by the Honourable Justice Louis Lacoursière of the Superior Court, District of Montreal
DESCRIPTION : Application de bene esse for leave to appeal a judgment rendered in the course of a proceeding (Articles 30, 31 and 357 C.C.P .) Application for the dismissal of the appeal and application de bene esse for extension of delays (Article 365 C.C.P .) Clerk: Robert Osadchuck Courtroom: Robert Osadchuck HEARING 11:28 Commencement of the hearing. Identification of counsel. 11:28 Submissions by Mtre Nahmiash. 11:43 Submissions by Mtre Assor. 12:08 Reply by Mtre Nahmiash. 12:12 Recess. 12:15 Resumption of the hearing. 12:15 By the Court: judgment – see page 3.
Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Insofar as the appeal raises an issue of professional secrecy, leave is not required. [ 2 ] Accordingly, the Motion de bene esse for permission to appeal is dismissed, without costs, since it is unnecessary. [ 3 ] As for the Motion to dismiss the appeal, the issues raised merit resolution by a judgment on the merits, after a full hearing. [ 4 ] Accordingly, the Motion to dismiss the appeal is dismissed, costs to follow the outcome of the appeal. MARK SCHRAGER, J.A. ROBERT M. MAINVILLE, J.A.
MARIE-JOSÉE HOGUE, J.A.
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