Executive Summary: Key Legal and Evidentiary Issues

• Biotix inc. asked the Court of Appeal of Québec to dismiss the appeal brought by Camaco inc.
   
• The court decided the motion on the face of the record, without holding a hearing.
   
• Article 366 of the Code of Civil Procedure and section 39 of the Regulation of the Court of Appeal of Québec in civil matters formed the procedural basis of the ruling.
   
• No reasons appear in the judgment beyond the citation of these provisions.
   
• Following the dismissal, the motion was struck from the September 14, 2026 hearing roll.
   
• Neither party was awarded legal costs.
   

Facts of the case

Camaco inc., the defendant and plaintiff by counterclaim, appealed in a dispute with Biotix inc., the plaintiff and defendant by counterclaim. Its appeal bears file number 200-09-011034-268, and the judgment also lists file numbers 200-17-032899-213 and 200-17-033034-216. Named as an impleaded party is the Registrar of the land registry office for the registration division of Québec. Biotix brought a motion to dismiss the appeal, which was on the court's hearing roll for September 14, 2026. Nothing in the judgment describes the underlying dispute, the decision under appeal, Camaco's grounds of appeal, or the grounds Biotix raised in support of its motion.

Policy and legislative provisions at issue

The court dismissed the motion pursuant to article 366 of the Code of Civil Procedure and section 39 of the Regulation of the Court of Appeal of Québec in civil matters. Neither provision is quoted or paraphrased in the judgment, and no contractual clauses are discussed.

Reasoning and analysis

A panel composed of Justices Jocelyn F. Rancourt, Guy Cournoyer and Sophie Lavallée disposed of the motion on September 4, 2026, ten days before its scheduled hearing date. Ruling on the face of the record, the court did not hear the parties and gave no written reasons explaining why the motion failed.

Ruling and overall outcome

Camaco inc. succeeded in resisting the motion: the Court of Appeal dismissed Biotix's motion to dismiss the appeal and struck it from the September 14, 2026 hearing roll. The motion was dismissed without legal costs, and the judgment orders no monetary amount in favour of either party.