2020 QCCA 494, 2020 QCCA 494
Opinion
Roberge c. R. 2020 QCCA 494 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006839-185 , 500-10-006956-195 ( 505-01-127883-151 Seq. 016, 505-01-130337-153 Seq. 006) MINUTES OF HEARING DATE: April 3, 2020 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. APPLICANT COUNSEL Samuel Roberge Mtre Jacqueline Sanderson Absent RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre Magalie Cimon ( Directrice des poursuites criminelles et pénales ) Absent DESCRIPTION: Motion of the appellant to extend delay to file the appeal factum and to postpone hearing.
Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING Seeing the absence of contestation, counsel is excused from appearing in Court. BY THE JUDGE: Judgment – see page 3.
Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] CONSIDERING the Motion to extend the delay to file the appellant’s memorandum in file number 500-10-006956-195 and to postpone the hearing in file number 500-10-006839-185; [ 2 ] CONSIDERING the current pandemia of COVID-19 and the circumstances raised in the Motion pertaining to the appellant’s difficulties in filing his memorandum by April 3 rd , 2020 in file number 500-10-006956-195; [ 3 ] CONSIDERING that the request to postpone the delay to file said memorandum for a period of 60 days is reasonable under the circumstances and that the period of extension should be calculated from the date of the lifting of the National Health Emergency Decree by the Government; [ 4 ] CONSIDERING the context of the pandemia, the request to postpone the hearing scheduled on May 13, 2020 (and not on May 17, 2020 as indicated in the conclusions of the Motion) is also reasonable and for this reason, and this reason only, will be granted accordingly; FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS the Motion; [ 6 ] EXTENDS the delay to file the appellant’s memorandum in file number 500-10-006956-195 until 60 days from the date of the lifting of the National Health Emergency Decree by the Government; [ 7 ] POSTPONES the hearing fixed for May 13, 2020 in file number 500-10-006839-185 to a later date to be determined.
GENEVIÈVE MARCOTTE, J.A.
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