Court of Appeal of Quebec

Habitations Sydobert inc. c. Labre et Associés, Arpenteurs géomètres inc.

October 11, 2018

500-09-027558-188

Rochette, Schrager, Healy

Application de bene esse to be authorized to file an incidental appeal. Allowed. Application for partial provisional execution declared moot.

The respondents argue that the time limit to bring their incidental appeal was suspended in accordance with art. 365 of the Code of Civil Procedure (CQLR, c. C-25.01) until judgment was rendered on their application to dismiss the appeal. They are wrong. This provision suspends the “time limits for preparing the appeal record”. These time limits are not mandatory. Because the time limit to bring the appeal to which the respondents were subject is mandatory, it cannot be characterized as a “time limit for preparing the appeal record”. Accordingly, this time limit was not suspended by the filing of the respondents’ application to dismiss the appeal. 

*Summary by SOQUIJ
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