2013 QCCA 1588, 2013 QCCA 1588
Opinion
Michalakopoulos c. Hachem 2013 QCCA 1588 COUR D'APPEL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTREAL No: 500-09-023027-121 (500-17-036685-074 ) MINUTES OF THE HEARING DATE: September 18, 2013 Mtre Julie Devroede, assistant clerk APPELLANT PETER MICHALAKOPOULOS In person RESPONDENTS ATTORNEY MARCEL HACHEM CAFÉ VIENNE CANADA INC. LES CAFES V.P. INC. LE GROUPE CAFÉ VIENNE 1988 INC. PRESSE CAFÉ INC. Mtre Ève Gaudet BORDEN LADNER GERVAIS, S.E.N.C.R.L., S.R.L. APPELLANT'S MOTION TO EXTEND THE DELAY TO FILE HIS FACTUM Clerk : Asma Berrak Court Room: RC.18
HEARING 9 h 03: Beginning of the hearing. 9 h 03: Submission by Mtre Gaudet. 9 h 03: Submission by M. Michalakopoulos. 9 h 05: Suspension of the hearing. 9 h 17: Resumption of the hearing. 9 h 17: Judgment- see page 3. 9 h 18: Conclusion of the hearing. Asma Berrak Clerk JUDGMENT [ 1 ] I am seized with appellant's fifth motion to extend the delay to file his factum. He submits that the additional delay is necessary for him to obtain funds to pay for the transcripts and the factum.
He assures me that he will be able to file his factum no later than October 21, 2013. [ 2 ] Counsel for the respondents leaves the mater of the extension to the discretion of the Court, but asks that should it be granted, the delay be peremptory. [ 3 ] Given the circumstances, I am of the view that the extension sought is justified. However, the fact remains that this is appellant's fifth motion for extension. Also, I believe it to be in the best interest of all parties that the file moves forward.
FOR THESE REASONS: [ 4 ] The motion is GRANTED ; [ 5 ] The delay to file appellant's factum is extended until October 21, 2013, this delay being peremptory. The appellant is hereby advised that should he be unable to file his factum by that date, his motion for extension will have to be presented to a judge of the Court; [ 6 ] Without costs. Mtre Julie Devroede, assistant clerk
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