2019 QCCA 691, 2019 QCCA 691

B.M. c. S.V. 2019 QCCA 691 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028078-194 (500-17-072444-121) MINUTES OF THE HEARING DATE: April 12, 2019 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONER COUNSEL B. M. Mtre VINCENT PICHÉ (Jeansonne Avocats, Inc.) RESPONDENT COUNSEL S. V. Mtre LEANNE CARA GREENBERG (Goldwater, Dubé) IMPLEADED PARTY X ABSENT AND NOT REPRESENTED DESCRIPTION: Application to suspend the appeal (art. 156, 367, 378 C.C.P.) Clerk: Alya Elisio Courtroom: RC.18

HEARING 10 : 22 Commencement of the hearing. Identification of counsel. Mtre Leanne Cara Greenberg is not contesting the application. Exchanges with the judge and counsel. 10 : 31 BY THE JUDGE: Judgment- see page 3. Conclusion of the hearing. (s)Alya Elisio Clerk BY THE JUDGE JUDGMENT [ 1 ] WHEREAS on March 1, 2019, Roy, J.A. granted B. M. leave to appeal from a judgment of the Superior Court, which judgment dismissed his motion to examine the respondent S. V.’s affiant in the context of the proceedings relating to a family law dispute ( B.M. v.

S.V ., 2019 QCCA 386 ); [ 2 ] WHEREAS, after leave was granted, counsel for the parties commenced discussions in view of holding a voluntary examination of the affiant; [ 3 ] WHEREAS the appellant seeks a stay of the appeal while he proceeds with a voluntary, two-hour examination since that examination, if completed, would in his view render the appeal unnecessary; [ 4 ] CONSIDERING the respondent does not contest the motion for a stay of the appeal, but declares that she does so without admission in respect of the appellant’s allegations in the present application and on the condition that it be a two-hour examination only; [ 5 ] CONSIDERING that the appellant declares that once the two-hour examination is complete (recognizing that any undertakings stemming therefrom to be treated in first instance), he undertakes to file a discontinuance of the appeal, without legal costs; [ 6 ] CONSIDERING

article 49 C.C.P ., as interpreted in Trépanier v.

Bonraisin , 2016 QCCA 1738 ; FOR THE FOREGOING REASONS , the undersigned: [ 7 ] GRANTS the motion to stay the appeal; [ 8 ] SUSPENDS the appeal until the parties have completed a two-hour examination of Michel Langlois, to be conducted by technological means if his presence in Montreal cannot be secured, and that such suspension will end on August 16, 2019; [ 9 ] SUSPEND the delay for respondent to file her memorandum of appeal August 16, 2019, at which time the delay will recommence; [ 10 ] ACKNOWLEDGE the mutual undertaking made by the parties that they will file a discontinuance of the appeal, without legal costs or admission on this matter, after completion of the two-hour examination, on the further understanding that any undertakings arising out of the examination will be dealt with in first instance; [ 11 ] Without legal costs.

NICHOLAS KASIRER , J.A.