2022 QCCA 1043, 2022 QCCA 1043

Labarge c. Green 2022 QCCA 1043 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-029669-215 ( 550-17-009913-177 ) MINUTES OF THE HEARING DATE: August 2, 2022 MTRE ARIANNE LEBLOND-MÉNARD, DEPUTY CLERK APPELLANT Bernard Labarge Unrepresented By videoconference RESPONDENT COUNSEL Scott Green Mtre Gérard Desjardins ( Deveau Avocats ) Absent DESCRIPTION: Application for extension of time limit to file an appeal brief (Art. 378 C.C.P. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18

HEARING 8:58 Commencement of the hearing. Identification of counsel. Exchanges between Mr. Labarge and the deputy clerk. 9:10 BY THE DEPUTY CLERK: Judgment will be rendered in the minutes of the hearing – See page 3. 9:11 Conclusion of the hearing. Mélanie Camiré , Clerk at the hearing JUDGMENT [ 1 ] I have before me a third application to extend the time limit for filing and notifying the appellant’s brief. Although counsel for the respondent expressed his objection to the application in an email, he was not in attendance when the application was presented. He was offered a postponement, but declined it.

Consequently, his objection was not considered for purposes of ruling on this application. [ 2 ] Initially, the appellant was required to file his brief on November 30, 2021. Due to delays in obtaining the stenographer’s notes, the appellant was granted two extensions, the last one being until July 31, 2022.

On July 26, 2022, the appellant filed a new application to extend the time limit, which is the application I have before me. [ 3 ] The appellant confirmed that on July 24, 2022, he received the stenographer’s notes of the hearing in first instance, and he asks for an extension of the time limit until September 30, 2022. He alleges that a lawyer is assisting him in preparing his brief, but that the lawyer will be on vacation in August.

When asked for the exact dates of the lawyer’s vacation, the appellant stated that he did not know. [ 4 ] It was thus proposed that the application be continued to a later date so that the appellant could get an affidavit from the lawyer assisting him to confirm when he will be on vacation. The appellant refused, alleging that he is not obliged to disclose the identity of the person assisting him. [ 5 ] Given this refusal, it was proposed to the appellant that, in order to protect the identity of his lawyer, he provide a redacted email from the lawyer confirming the dates on which he will be away.

The appellant refused once again. [ 6 ] Considering that the file has been open since November 2021, that this is the third extension of the time limit and that the appellant did not demonstrate the need for an additional extension of two (2) months, the time limit for the appellant to notify and file his brief will be extended by one (1) month, which is a more reasonable time limit in the case at bar.

FOR THESE REASONS , the undersigned : [ 7 ] GRANTS in part the application; [ 8 ] EXTENDS the time limit for the notification and filing of the appellant’s brief until August 31, 2022; [ 9 ] The whole, without costs. MTRE ARIANNE LEBLOND-MÉNARD DEPUTY CLERK