2013 QCCA 206, 2013 QCCA 206
Opinion
171014 Canada inc. c. Appel & Cie Co. inc. 2013 QCCA 206 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023262-132 ( 500-11-027007-059 ) MINUTES OF THE HEARING DATE: February 5, 2013 THE HONOURABLE YVES-MARIE MORISSETTE, J.A. PETITIONER/APPELLANT ATTORNEY(S) 171014 CANADA INC. Me Frank M. Calandriello CUCCINIELLO CALANDRIELLO RESPONDENT(
S) ATTORNEY(
S) APPEL & CIE CO. INC. WONDER-FORM INC. Me Pierre Larue MALO DANSEREAU
MOTION FOR LEAVE TO APPELA DE BENE ESSE FROM A JUDGMENT OF THE SUPERIOR COURT RENDERED ON JANUARY 4, 2013 BY THE HONOURABLE JEAN-YVES LALONDE. Clerk: Elena Captari Court Room: RC.18 HEARING 9h34: Commencement of the hearing. Identification of counsel. 9h34: Exchange between the attorneys and the judge. See the judgment on page 3. 9h34: End of hearing. Elena Captari Clerk JUDGMENT [ 1 ] This motion de bene esse follows a notice of appeal already filed under the Bankruptcy and Insolvency Act , R.S.C. 1985, c. B-3. As the amount actually in dispute between the parties exceeds $100,000., I am inclined to think that the petitioner could appeal as of right pursuant to subsection 193 (
c) of the Act. [ 2 ] As the respondent does not contest the motion, I will refer it to the panel which will hear the appeal. YVES-MARIE MORISSETTE,J.A.
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