2013 QCCA 348, 2013 QCCA 348

Lynch Suder Logan c.

Wilson Logan 2013 QCCA 348 COUR OF APPEAL CANADA PROVINCE DE QUÉBEC GREFFE DE QUÉBEC No : 200-09-007918-128 (200-17-010905-099) MINUTES OF THE HEARING February 26th, 2013 THE HONOURABLE GUY GAGNON, J.A. (JG1348) PETITIONER ATTORNEY JOANNE LYNCH SUDER LOGAN LOUIS CARRIÈRE (Heenan, Blaikie) RESPONDENT ATTORNEY GEORGE WILSON LOGAN MARIE-FRANCE VINCENT (Provencher, Marchand) CLERK : Julie Boudreault-Gravel (TB3311) COURT ROOM : 4.30 DESCRIPTION : Motion by the Respondent to serve by email and by fax 9 : 31 Comments of the judge; 9 : 32 Mtre Carrière presents a Motion to Cease Representing; Comments of the judge; 9 : 36 Mtre Carrière confirms that Ms.

Suder Logan received notification of the Motion to Cease Representing; The judge reads the letter of Ms. Suder Logan contesting the Motion to Cease Representing; Discussion; Comments of Mtre Vincent;

9 : 42 Judgment. (

s) Court Clerk BY THE JUDGE JUDGMENT [ 1 ] Joanne Lynch Suder Logan has instituted proceedings in Superior Court of Quebec against respondent George Wilson Logan. She was represented at the time by Mtre Louis Carrière. [ 2 ] In appeal, Mtre Carrière filed a declaration under

article 249 C.C.P . to cease representing her as legal counsel. The declaration does not invoke any specific reason justifying his withdrawal of the file. [ 3 ] Ms. Suder Logan answered to this procedure by filing an opposition that contains the following allegations: 1. I, Joanne Lynch Suder Logan was personally served with Heenan Blaikie Aubut, LLP's Declaration to Cease Representing me on February 1, 2013, via a process served in Baltimore, Maryland – United States. 2. My attorneys are well aware that I am very sick and on daily chemo therapy and unable to work at this time. 3.

Heenan Blaikie Aubut, LLP has been representing me since the inception of this case and they are well aware of the harm their withdrawal at this time will cause my case. 4. I do not speak or read French and, therefore, I am unaware of what the Court's last decision was in my case. I have attempted to contact my counsel several times in an attempt to speak with them, to no avail. 5.

If Heenan Blaikie Aubut, LLP's Declaration to Cease Representing is granted, I will be greatly prejudiced as it is virtually impossible for me to find new counsel at this late date; especially since I reside in the United States and especially since they have already received more than any estimated sum to handle this matter. [ 4 ] On February 26 th , 2013, Mtre Carrière served personally Ms. Suder Logan a motion under

article 249 C.C.P . stating: 3. The APPELANT-Plantiff does not collaborate in the present file, and consequently it has become impossible for the undersigned attorneys to continue to represent properly the interests of the APPELANT-Plantiff; 4. Furthermore there are irreconcilable differences between the Plaintiff and the undersigned attorneys as to the conduct of the present file; [ 5 ] Ms. Suder Logan sent to the clerk of this Court by email a second opposition denying Mtre Carrière the authorization to cease representing her interest. [ 6 ] At the hearing, Ms. Suder Logan was not present.

In order to allow a fair and proper hearing, Ms. Suder Logan should be entitled to a longer delay for answering correctly the motion and, if appropriate, rebut the reasons invoked by Mtre Carrière. [ 7 ] To this end, the motion should be postponed.

I note that Mtre Carrière has undertaken to serve by email and by fax a new motion of presentation. [ 8 ] For these reasons, the undersigned: [ 9 ] REFERS the motion to the judge sitting in chambers on March 18 th , 2013, room 4.30 at 9:30 a.m.; [ 10 ] AUTHORIZES Mtre Carrière to serve Joanne Lynch Suder Logan by email and by fax (art. 138 C.P.P .) a new notice for adjudication of the Motion to Cease Representing;

[ 11 ] WITHOUT COSTS. GUY GAGNON, J.A.