2011 QCCA 1399, 2011 QCCA 1399

R. c. Kordzian 2011 QCCA 1399 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-004965-115 (500-01-034504-107, 500-01-040927-102, 500-01-040928-100 and 500-01-040929-108) MINUTES OF THE HEARING DATE: July 27, 2011 THE HONOURABLE FRANÇOIS DOYON, J.A. PETITIONER ATTORNEY HER MAJESTY THE QUEEN Mtre Nicole Martineau Procureure aux poursuites criminelles et pénales RESPONDENT ATTORNEY LEON KORDZIAN Mtre Jonathan Gordon BORO POLNICKY LIGHTER

MOTION FOR LEAVE TO APPEAL AGAINST THE SENTENCE RENDERED ON JUNE 16, 2011, BY THE HON. JEAN- PIERRE BOYER OF THE QUEBEC COURT, DISTRICT OF MONTREAL MOTION TO SUSPEND THE EXECUTION OF THE SENTENCE UNTIL A FINAL DECISION OF THE COURT OF APPEAL Clerk: Annick Nguyen Court Room: RC-18 HEARING 10:29 Commencement of the hearing. Submission by Mtre Martineau. 10:31 Submission by Mtre Gordon. 10:38 BY THE JUDGE. Judgment – See page 3.

Annick Nguyen Clerk JUDGMENT On the motion for leave to appeal [ 1 ] Considering the numbers of infractions, the amount of money involved and the fact there was substantial loss for the victims, I am not ready to dismiss the motion. [ 2 ] It will be referred to the Court in accordance with Rule 55 of the Rules of the Court of Appeal of Quebec in Criminal Matters ; [ 3 ] Considering that the parties agreed to plead the file without factums; [ 4 ] Considering Rules 56, 57, 58 and 59 of the Rules of the Court of Appeal of Quebec in Criminal Matters to be read as follows :

56(2). Timetable . In referring the motion or, if applicable, the appeal to the Court, the Judge shall establish a timetable for the filing, in quadruplicate and after service on the other party, of the documents that stand in lieu of the factum. 56(3). Default . If the documents are not filed before the time limit has passed, the clerk shall file a certificate of default in the record and shall thereafter refuse any documents from the defaulting party. A notice of the filing of this certificate shall be delivered immediately to the Chief Justice and to the judges who are to hear the motion or the appeal. 57. Documents. The appellant shall file the following documents:

a) the motion for leave to appeal;

b) the indictment;

c) the sentence, including the reasons and the conclusion;

d) the depositions from the sentencing hearing, if any;

e) any other relevant remarks of the trial judge and counsel in the course of submissions as to the sentence;

f) the questionnaire on the form in

Schedule 1, duly completed. 58. Respondent’s questionnaire. At least three weeks before the date of the hearing of the motion or the appeal, the respondent may also serve the questionnaire, duly completed, on the appellant and file the questionnaire at the Office of the Court, in quadruplicate. 59(1). Argument. The parties may include an argument no longer than 10 pages in length with their documents. It shall have at least one and one-half spaces between the lines, with the exception of quotations, which shall be single-spaced and indented.

The characters shall be in 12-point font size, and there shall be no more than 12 characters per 2.5 cm. 59(2).

A judge may order that an argument be prepared when the issues raised by the appeal so warrant. [ 5 ] FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] DEFERS the motion for leave to appeal to the Court; [ 7 ] PLACES the case on the role of December 2, 2011, at 9:30, in room Pierre-Basile-Mignault, to be pleaded without factums for a duration of 60 minutes ; [ 8 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than October 14, 2011 , four copies of the documents that ordinarily constitute Schedules I, II and III of the factum, including today’s judgment, a book of authorities and, if applicable, an argument no longer than 10 pages in length; [ 9 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than November 11, 2011 , four copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length.

On the motion to suspend the execution of the sentence [ 10 ] Considering the absence of contestation; [ 11 ] THE UNDERSIGNED: [ 12 ] ORDERS that the conditional sentence of imprisonment be suspended until the final judgment to be rendered by this Court; [ 13 ] In the mean time, the appellant, LEON KORDZIAN, must respect the following condition: - Abstain from communicating or trying to communicate directly or indirectly with any of the victims and with Mrs Jacky Naltchayan;

[ 14 ] ORDERS that an undertaking of these conditions be given before a justice of the peace assigned to such matters, within the next 48 hours. FRANÇOIS DOYON, J.A.