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Facts of the case
This ruling arises from an appeal filed by 9146-0022 Québec Inc. (the Appellant) against Société en commandite Mixdev #1 and Société en commandite Mixdev #1A (the Respondents), referencing the underlying file number 200-17-032433-211. The Respondents brought a motion to dismiss that appeal. The document does not disclose the facts giving rise to the original dispute or the appeal itself.
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 Quebec in Civil Matters. Together, these provisions permit the Court to dispose of a motion to dismiss an appeal on the basis of the written record, without convening a hearing.
Reasoning and analysis
The panel, composed of Justices Suzanne Gagné, Geneviève Cotnam, and Michel Beaupré, provided no substantive reasoning beyond stating that the motion was dismissed on the basis of the record. No further analysis, discussion of the parties' arguments, or evidentiary findings are included in the document.
Ruling and overall outcome
The Court dismissed the Respondents' motion to dismiss the appeal, without a hearing and without costs to either side. As a result, the motion was struck from the Court's hearing roll of August 3, 2026. The Appellant, 9146-0022 Québec Inc., was the successful party on this motion, though no monetary amount was awarded, ordered, or granted, as the ruling expressly specifies no costs.
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Appellant
Respondent
Court
Court of Appeal of QuebecCase Number
200-09-700235-267Practice Area
Civil litigationAmount
Not specified/UnspecifiedWinner
AppellantTrial Start Date