2017 QCCS 2044, 2017 QCCS 2044

Bohbot c. Weinberger 2017 QCCS 2044 SUPERIOR COURT CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL No: 500-17-062688-109 500-17-088616-159 DATE: APRIL 13, 2017 ______________________________________________________________________ BY THE HONOURABLE DAVID R. COLLIER, J.S.C. ______________________________________________________________________ File no: 500-17-062688-109 DAN BOHBOT and VÉRONIQUE BOHBOT Plaintiffs v. THÉRÈSE WEINBERGER and LEONARD MINTZ Defendants File no: 500-17-088616-159 KAUFMAN LARAMÉE LLP Plaintiff/Cross-Defendant v. THÉRÈSE WEINBERGER and LEONARD MINTZ et al.

Defendants/Cross-Plaintiffs/Plaintiffs in warranty v. DAN BOHBOT Defendant in warranty and JOHANNA BOHBOT et al. Impleaded parties ______________________________________________________________________ CASE MANAGEMENT ORDERS ______________________________________________________________________ [ 1 ] The trial in the joined cases has been fixed from May 4 to 25, 2018. [ 2 ] Proof will be made first in case no 109, followed by proof in case no 159. Proof made in case no 109 will constitute proof for the purpose of the action in warranty in case no 159.

However, unless authorized by the Court, proof made in case no 109 will not constitute proof in the principal action in case no 159. Argument in both cases will follow the close of proof. [ 3 ] The Joint Declarations provide for proof and hearing over 23 days. However, after consultation with counsel, it is agreed that the trial of the two cases can be completed in 15 days. In order to accomplish this, a number of streamlining measures have been agreed to.

Thus: [ 4 ] Expert witnesses will not testify in chief, but will be available for cross-examination on their reports. [ 5 ] With regard to case no 109, Madame Weinberger and Mr Mintz will testify only once in chief (in their personal capacities and es qualité

s) and will be cross-examined only once by adverse parties (subject to counter proof). With regard to the principal action in case no 159, Madame Weinberger and Mr. Mintz, es qualités , may testify in chief and be cross-examined in relation to the allegations made in that action.

[ 6 ] The parties shall prepare and exchange, by September 30, 2017, their respective lists of proposed admissions. If a party cannot agree to a suggested admission, they will summarily explain why, in writing, by October 30, 2017. [ 7 ] If a party believes that another party has unreasonably refused to admit a fact, they may bring the question to the attention of the Court by November 30, 2017.

If the matter is not resolved, and the Court is convinced at the end of trial that the admission should have been made, the Court may award costs pursuant to art. 342 C.C.P. [ 8 ] Where possible, the parties will prepare sworn witness statements for their respective witnesses, which shall be communicated to the other parties and the Court no later than February 28, 2018. These statements will be accepted in lieu of oral testimony.

Where another party intends to cross examine a witness on his or her statement, that party shall so indicate in writing no later than March 31, 2018, setting out the issues to be covered and the expected duration of the cross examination. [ 9 ] Each party will prepare a list of the exhibits they intend to produce at trial and call upon the other parties to admit 1) the production of the exhibit, and or 2) the contents of the exhibit.

A list of exhibits, indicating whether or not the exhibits are admitted, shall be filed into Court by March 31, 2018. [ 10 ] Each party will indicate to the Court by March 31, 2018, the portions of the pre-trial discovery transcripts they intend to rely upon at trial. [ 11 ] No later than March 31, 2018, the parties will file an amended Joint Declaration which reflects the present order and agreements. The amended Joint Declaration will provide for 2 reading days by the Court and 2 days of final argument, leaving a maximum of 11 days for proof.

If the parties cannot agree to an amended Joint Declaration, they shall submit any outstanding questions to the Court by March 31, 2018. __________________________________ DAVID R. COLLIER, J.S.C. Mtre Luc Arnault Mtre Catherine Alix Arnaul t, Thibault, Cléroux Attorneys for plaintiffs Dan Bohbot, personally and ès qualités liquidator of the Estate of the late David Bohbot, and Véronique Bohbot Mtre Louis Samuel Mtre François-Olivier Bouchard de Grandpré Chait Attorneys for defendant Thérèse Weinberger and mise en cause Lara Naomi Bohbot Mtre Jean-François Towner Mtre Jacques Jeansonne Jeansonne, avocats inc.

Attorneys for defendant, cross-plaintiff Thérèse Weinberger and defendant Leonard Mintz, ès qualités liquidators of the Estate of the late David Bohbot Mtre Alexandre Paris Bélanger Sauvé Attorneys for defendant Leonard Mintz personally Mtre Jean-François Brière Brière & Cie Attorneys for mise en cause Johanna Bohbot Mtre Michael Schachter Kaufman Laramée LLP Attorneys for Kaufman Laramée, LLP Date of hearing: March 22, 2017