2017 QCCS 3445, 2017 QCCS 3445

8317887 Canada inc. c. Garderie Le Petit Monde de Sophia inc. 2017 QCCS 3445 SUPERIOR COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTREAL N° : 500-17-087696-152 N° : 500-17-090488-159 N° : 500-11-049451-152 DATE : JUNE 21, 2017 _____________________________________________________________________ BY THE HONOURABLE DAVID R. COLLIER, J.S.C. ______________________________________________________________________ File no 500-17-087696-152 8317887 CANADA INC. Plaintiff v. GARDERIE LE PETIT MONDE DE SOPHIA INC. -and- ALAIN SARRAPUCHIELLO Defendants AND GARDERIE LE PETIT MONDE DE SOPHIA INC.

Plaintiff in forced intervention v. GUERRINO (RINO) AGRESTI -and- SONIA FRANCESCHI Defendants in forced intervention File no 500-17-090488-159 GUERRINO (RINO) AGRESTI -and- SONIA FRANCESCHI Plaintiffs v. ALAIN SARRAPUCHIELLO -and- LEYLA MEZIANE-BELLEFQUIH Defendants AND Me ALESSANDRO LONGO Mis en cause File no 500-11-049451-152 ALAIN SARRAPUCHIELLO Plaintiff v. 8317887 CANADA INC. GUERRINO (RINO) AGRESTI SONIA FRANCESCHI Defendants JUDGMENT

_ [ 1 ] CONSIDERING that pursuant to a notice of case management filed in case number 500-17-087696-152 the defendants asked the case to be joined with case number 500-17-090488-159, which has been set down for trial from January 29 to February 2, 2018; [ 2 ] CONSIDERING that the parties are involved in a third suit in the commercial division in case number 500-11-049451-152, which has been set down for trial from November 13 to 16, 2017; [ 3 ] CONSIDERING that all three cases arise from disputes between the same parties over the ownership and operation of a daycare business; [ 4 ] CONSIDERING that the sound administration of justice dictates that the three cases be joined for trial; [ 5 ] CONSIDERING that it is in the parties’ interest to join the cases, and that no prejudice will result to them from doing so; [ 6 ] CONSIDERING that case number 500-17-087696-152 was inscribed on November 30, 2015, but that parties never filed a joint declaration in order to set the case down for trial; [ 7 ] CONSIDERING the overlapping evidence in the three cases, the Court estimates that seven days is sufficient to try the three cases; FOR THESE REASONS, THE COURT: [ 8 ] JOINS cases 500-17-087696-152, 500-17-090488-159 and 500-11-049451-152 for trial and judgment; [ 9 ] ORDERS the parties in case no 500-17-087696-152 to file into court and to deliver to the office of Justice David R.

Collier (bureau 15.28), within fifteen days of the present judgment, a Déclaration de dossier complet (fond) the whole in conformity with the rules and forms of procedure in effect prior to January 1, 2016, which Déclaration need not be accompanied by the payment of the fees for inscription required since January 1, 2016; [ 10 ] ORDERS the parties in the three joined cases to file into court and to deliver to the office of Justice David R.

Collier (bureau 15.28), within fifteen days of the present judgment, a Joint Declaration for setting down for trial and judgment (art. 174 C.C.P.) with respect to the three joined cases, which Joint Declaration will provide for a trial not to exceed seven (7) days in duration; [ 11 ] STRIKES case number 500-11-049451-152 from the trial roll on November 13, 14, 15 and 16, 2017; [ 12 ] THE WHOLE without costs. __________________________________ DAVID R. COLLIER, J.S.C.

Mtre Sarto Brisebois Attorneys for plaintiffs: 8317887 Canada Inc. and Guerrino(Rino) Agresti and Sonia Franceschi Mtre Dominic Bianco Mercadante, Di Pace Attorneys for defendants: Garderie Le Petit Monde de Sophia Inc. and Alain Sarrapuchiello and Leyla Meziane-Bellefquih Mtre Hélène B. Tessier Lapointe Rosenstein Marchand Melançon Attorneys for Mis en cause: Me Alessandro Longo

Date of hearing : May 24, 2017