Schnabel c. Tiffany Towers Condominium Association 2013 QCCA 430 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023105-125 (500-22-177048-108) DATE: MARCH 13, 2013 CORAM: THE HONOURABLE FRANCE THIBAULT, J.A. MARIE-FRANCE BICH, J.A. DOMINIQUE BÉLANGER, J.A. FREDA SCHNABEL PETITIONER – defendant v. TIFFANY TOWERS CONDOMINIUM ASSOCIATION RESPONDENT – plaintiff JUDGMENT [ 1 ] On December 10, 2012, the Court dismissed the petitioner's motion for leave to appeal the judgment of the Court of Quebec, District of Montreal (the Honourable Mr. Justice Jean-F. Keable), rendered on October 22, 2012.

The latter judgment condemned the petitioner to pay $13,838.55 to the respondent, with interest and the additional indemnity provided by law, for legal fees incurred in an action on account for condominium fees and assessments. [ 2 ] The petitioner wishes to appeal the judgment of the Court to the Supreme Court of Canada and, as a matter of fact, has filed her application for leave to appeal on February 8, 2013 (file no. 35224).

By her motion, she now seeks the suspension of the execution of the judgment of the Court of Quebec. [ 3 ] Assuming that the Court may order such a stay or a stay of its December 2012 judgment, the whole in accordance with

article 522.1 C.C.P. or s. 65.1 of the Supreme Court Act , [1] the three following criteria must be considered: 1° the grounds of appeal to the Supreme Court are serious; 2° the petitioner will suffer an irreparable prejudice if the suspension is not ordered; and 3° the balance of inconveniences. [ 4 ] Unfortunately, the petitioner fails to demonstrate the seriousness of her grounds of appeal to the Supreme Court and the irreparable prejudice that she would suffer if the stay of execution were not ordered. FOR THESE REASONS, THE COURT: [ 5 ] DISMISSES the motion, without costs. FRANCE THIBAULT, J.A.

MARIE-FRANCE BICH, J.A. DOMINIQUE BÉLANGER, J.A. Mrs. Freda Schnabel Personally Petitioner Mtre Charles-Justin Nichols

For the respondent Date of hearing: March 11, 2013