Executive Summary: Key Legal and Evidentiary Issues

• The appellant sought leave to file a supplementary written submission rather than amending its notice of appeal.
   
• Clarification was requested regarding whether the claim for legal interest and the additional indemnity would apply regardless of the Court's decision on the quantum of the condemnation.
   
• No opposition was raised by the respondents to the motion.
   
• Parties were excused from appearing at the hearing given the motion was uncontested.
   
• Costs of the motion were not awarded to either party.
   

Facts of the case

The appellant, 10001325 Canada Inc., brought a motion before the Quebec Court of Appeal seeking leave to file a supplementary written submission, rather than amending its notice of appeal. The purpose of the submission was to clarify that the appellant's claim relating to legal interest and the additional indemnity would apply regardless of how the Court ultimately ruled on the question of increasing the amount of the condemnation. The respondents—Cacao 70 Inc., Bing Tang, Guang Liang Xu, and Ying Zhi Wang—did not contest the motion, and as a result, the parties were excused from appearing before the Court on the scheduled hearing date.

Policy and legislative provisions at issue

The motion was brought under article 365 of the Code of Civil Procedure (C.C.P.), which governs applications for leave to amend or supplement pleadings. No other statutory or contractual provisions were addressed in this decision.

Reasoning and analysis

Given that the motion was uncontested, the Court's analysis was brief. The presiding judge noted that the appellant, instead of amending its notice of appeal, sought permission to file a supplementary written submission to specify that its claim concerning legal interest and the additional indemnity would apply irrespective of the Court's eventual conclusion on the increase to the condemnation amount. Because the respondents raised no objection, the Court proceeded to grant the relief sought without further deliberation.

Ruling and overall outcome

The Court granted 10001325 Canada Inc.'s motion for leave to file a supplementary written submission. The order was made without legal costs, meaning no monetary award was granted to either party in connection with this motion.