Majority
The judgment of the Court was delivered orally by
Lamer C.J.
Lamer C.J. ‑‑ As regards the appeal of the Court of Appeal's decision on the motion, we need not hear you, Mr. Fine. The appeal is dismissed with costs.
(After hearing from Mr. Fine, and Mr. Di Battista in reply, on the other appeal:)
The Court, Mr. Justice Stevenson dissenting, is of the view that this appeal of the judgment of the Quebec Court of Appeal, dated December 22, 1988, be allowed and the judgment of the Superior Court be restored, with costs throughout. Stevenson J. would dismiss with costs, agreeing with the reasons of Mr. Justice Kaufman of the Court of Appeal.
Judgment accordingly.
Solicitor for the appellant: Léo Di Battista, Montréal,
Solicitors for the respondent: Tanny & Fine, Montréal.
Footnotes
- [1] Sup. Ct. Montréal, No. 500‑05‑009706‑845, January 21, 1986.