Wightman c. Widdrington (Estate of) 2014 QCCA 1945 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021691-118, 500-09-021692-116 & 500-09-021693-114 ( 500-05-001686-946 ) MINUTES OF THE HEARING DATE: October 21, 2014 THE HONOURABLE MADAM JUSTICE GENEVIÈVE MARCOTTE PETITIONER COUNSEL ELLIOT C. WIGHTMAN et als. Mtre Betlehem L. Endale ABSENT ( Fishman Flanz Meland Paquin, s.e.n.c.r.l./LLP ) RESPONDENT COUNSEL ESTATE OF THE LATE PETER N.

WIDDRINGTON Mtre Yvan bolduc ABSENT ( Lapointe Rosenstein Marchand Melançon ) DESCRIPTION: Motion to withdraw money from the Security Deposited with the Court. (Art. 2, 4.2, 20, 46, 481, 497 and 525 C.C.P .) Clerk: Asma Berrak Courtroom: RC.18

HEARING 9:37 The Respondent having consented to the motion being granted, the parties were excused from appearing in Court this morning. Judgment-see page 3.

Clerk BY THE JUDGE JUDGMENT [ 1 ] THE COURT is seized with a Motion to withdraw money from the security furnished and deposited in Court by Respondent; [ 2 ] HAVING heard the representation of the Respondent’s attorneys; [ 3 ] CONSIDERING the absence of Contestation; THEREFORE, THE UNDERSIGNED: [ 4 ] GRANTS Respondent’s Motion to withdraw money from the security furnished and deposited in Court; [ 5 ] AUTHORIZES the Respondent to withdraw from the remaining $11,921,102.49 deposited by Appellants with this Court, the aggregate amount of $58,911.49 comprised of:

i) the sum of $56,998.31, including interest, representing the taxed Bill of Costs in the Court file no. 500-09-021691-118; ii) the sum of $956.59, including interest, representing the taxed Bill of Costs in the Court file no. 500-09-021692-116, and; iii) the sum of $956.59, including interest, representing the taxed Bill of Costs in the Court file no. 500-09-021693-114. [ 6 ] ORDERS that a cheque payable to Fishman Flanz Meland Paquin, in trust, be issued by a clerk of this Court in the amount of $58,911.49; [ 7 ] ORDERS that the remaining $11,862,191.00 furnished in conformity with the Security Judgment be left as deposited with this Court given that the Judicial Bill of Costs of the Superior Court has not yet been taxed and that the hearing of the Motion to Quantify the Special Fee has not yet been adjudicated; [ 8 ] THE WHOLE without costs.

GENEVIÈVE MARCOTTE , J.A.