Executive Summary: Key Legal and Evidentiary Issues

• Porta-Max Système inc. brought a motion seeking to dismiss the appeal filed by 164019 Canada inc.
   
• Judges Gagné, Cotnam, and Beaupré decided the motion on the record alone, without a hearing.
   
• Articles 366 of the Code of Civil Procedure and 39 of the Rules of the Court of Appeal of Québec in Civil Matters governed the disposition.
   
• Dismissal of the motion resulted in no costs being awarded to either party.
   
• The underlying appeal itself remains unresolved, as this ruling addresses only the motion to dismiss it.
   
• No substantive facts, contractual terms, or merits of the underlying dispute are addressed in this decision.
   

Facts of the case

This decision arises from a motion brought by the respondent, Porta-Max système inc., seeking to dismiss the appeal filed by the appellant, 164019 Canada inc. The underlying appeal (record no. 200-17-032640-211) involves 164019 Canada inc. as appellant and plaintiff, against Porta-Max système inc. and Emerald Equipment System Inc. as respondents and defendants. The document provided does not disclose the underlying facts of the dispute between the parties, the nature of the original claim, or the grounds of the appeal itself, as the ruling addresses only the procedural motion to dismiss.

Policy and legislative provisions at issue

The panel's decision rests on two procedural provisions: article 366 of the Code of Civil Procedure and article 39 of the Rules of the Court of Appeal of Québec in Civil Matters. Neither the text of these provisions nor any contractual clauses between the parties are set out in the document, and no other policy or legislative provisions are referenced.

Reasoning and analysis

The Court of Appeal, composed of Justices Gagné, Cotnam, and Beaupré, disposed of the respondent's motion to dismiss the appeal on the basis of the record before it, without conducting a hearing. No further reasoning, analysis, or discussion of the merits is provided in the judgment; the ruling consists of two brief paragraphs disposing of the motion and its procedural consequence.

Ruling and overall outcome

The Court dismissed Porta-Max système inc.'s motion to dismiss the appeal, without costs to either party, and the motion was accordingly struck from the hearing roll of August 3, 2026. No monetary amount was ordered, granted, or awarded, and the underlying appeal proceeds independently of this ruling.