2016 QCCA 455, 2016 QCCA 455
Opinion
D'Amico c. R. 2016 QCCA 455 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005761-141 (500-01-009195-089) MINUTES OF THE HEARING DATE: 14 mars 2016 THE HONOURABLE FRANÇOIS DOYON, J.A. APPELLANT ATTORNEYS GIOVANNI D’AMICO Mtre PHILIPE KNERR Mtre ALEXANDRE BIEN-AIMÉ-BASTIEN (Schurman Longo Grenier) RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre JULIE PELLETIER (Directeur des poursuites criminelles et pénales) DESCRIPTION: Motion for permission to file a factum exceeding thirty pages (S. 71 (
e) on the Rules of Quebec Court od Appeal in Criminal Matters ) Clerk: Shirley Thomas Courtroom: RC-18
HEARING 9:35 Beginning of the hearing. The motion is not contested. Exchange between the Judge and the attorneys. 9: 36 Representation by Mtre Knerr. 9: 41 Recess. 9: 58 Resumption of the hearing. 9: 58 Exchange between the Judge and Mtre Knerr. 9: 59 By the Judge: Judgment – see page 3. 10: 00 Conclusion of the hearing. SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] The Petitioner is appealing a judgment of more than 340 paragraphs.
The trial, the duration of which was 41 days, involved 4 complainants of sexual assaults. [ 2 ] In light of the length of the judgment, the complexity and the number of interlocutory judgments, all of which are grounds of appeal, the seriousness of the ten or so grounds of appeal, the Petitioner convinced me that his petition must be granted, but only in part. [ 3 ] I consider that a 60 page written argument is sufficient, given that it is the double of the usual number of pages. [ 4 ] For these reasons, exceptionally, the Petitioner, as well as the Respondent, are allowed to file a 60 page written argument.
FRANÇOIS DOYON , J.A.
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