2016 QCCA 1259, 2016 QCCA 1259

D.B. c. M.B. 2016 QCCA 1259 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026125-161 (500-14-048032-155), (500-14-040437-121), (500-17-084377-145) MINUTES OF THE HEARING DATE: August 3, 2016 THE HONOURABLE NICHOLAS KASIRER, J.A. APPELLANT ATTORNEY D. B. SELF-REPRESENTED RESPONDENTS ATTORNEYS M. B. CURATEUR PUBLIC DU QUÉBEC Mtre Geeta Narang (Narang et associés, s.e.n.c.) (Absent) Mtre FRANÇOIS DUPIN ( Filion et associé

s) IMPLEADED PARTIES ATTORNEYS JEAN ELMASRI J. B. SELF-REPRESENTED (Absent) ABSENT

DESCRIPTION: Application for leave to appeal from the judgment rendered on April 13, 2016 by the Honourable William Fraiberg of the Superior Court, District of Montreal (art. 30 (1), 3, 32, 356 and 357 Civil Code of Procedure ) Clerk: Annabel David Courtroom: RC-18 HEARING 9 : 39 Commencement of the hearing. Identification of the parties. Introduction of the file by the judge. Ms. B. is seeking a postponement of the hearing since she mistakenly thought the motion was off the roll and is therefore not prepared to be heard today.

Mtre Dupin opposes the postponement. 9 : 41 On the merit of the motion, Mtre Dupin argues that all grounds of appeal invoked by Ms. B. are contested. 9 : 42 Remarks made by the judge. 9 : 44 Ms. B. argues that she is within the 30-day limit to appeal. 9 : 45 Suspension of the hearing. 10 : 05 The hearing is resumed. 10 : 06 Ms. B. provides copy of the notice to the judge and to Mtre. Dupin. 10 : 09 Representations by Mtre Dupin on the delay to appeal. He files a copy of the minutes of the hearings before the Honourable William Fraiberg. 10 :12 Representations by Ms. B.. 10 : 33 Representations by Mtre Dupin.

He gives the judge a judgment rendered by the Honourable Anne Jacob of the Superior Court. 10 : 42 Reply by Ms. B.. 10 : 48 The motions are taken on reserve. Conclusion of the hearing. 16 : 31 BY THE JUDGE : Judgement – page 5. (

s) Annabel David Clerk BY THE JUDGE JUDGMENT [ 1 ] D. B. seeks leave to appeal from a judgment of the Superior Court, District of Montreal, (the Honourable William Fraiberg),

which, inter alia , dismissed her motion for revocation of judgment and declared that proceeding to be an abuse of procedure. [ 2 ] On August 2, 2016, the petitioner communicated with the registry of the Court seeking a postponement. She was under the mistaken impression that her motion was not on the roll for August 3, 2016.

The respondent opposed the request for a postponement. [ 3 ] In support of her request for a postponement, the petitioner file a letter she received from an official in the registry dated June 9, 2016 which states that, because of a failure to pay certain fees and a failure to serve proceedings on other parties, “[her] proceedings cannot be accepted at the registry”.

It appears that this letter pertains to another file, but the file number recorded on the letter is the same as one of the court numbers relevant to the motion before me. [ 4 ] In the circumstances, I am of the view that it was not unreasonable for the petitioner to think that the motion now before me was not on the roll today. [ 5 ] Accordingly, the motion for postponement should be granted.

FOR THE FOREGOING REASONS, the undersigned: [ 6 ] GRANTS the motion for a postponement, without legal costs; [ 7 ] FIXES the date for hearing of the motion for leave to appeal on September 6, 2016 at 9:30 a.m . in room RC-18. NICHOLAS KASIRER , J.A.