2022 QCCA 1745, 2022 QCCA 1745
Opinion
S.M. c. Sc.K. 2022 QCCA 1745 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030293-229 ( 500-17-117093-214 ) MINUTES OF HEARING DATE: December 16, 2022 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. APPLICANT S. M. PRESENT AND Unrepresented By conference call RESPONDENTS COUNSEL SC. K. R. K.
Mtre ILAN GABIZON ( Paquette & associés avocats ) By videoconference Curateur public du Québec THE CANADA TRUST COMPANY Mtre ANTONIO IACOVELLI ( Miller Thomson ) By videoconference TD Waterhouse Canada Mtre MAUDE ST-GEORGES ( McCarthy Tétrault ) By videoconference DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of the proceeding on October 24, 2022 by the Honourable Julien Lanctôt of the Superior Court , District of Montreal (Articles 31 and 357 C.C.P. ).
Clerk at the hearing : Anne Dumont Courtroom: RC-18 HEARING 9:54 Commencement of the hearing. Comments by the judge to the parties regarding the request for a postponement due to the passing of the applicant’s mother. Giving the situation, the postponement is not contested. 9:57 Discussion between the judge and Mr. M. regarding the postponement of the application on January 9, 2023. 9:59 Discussion between the judge and Mr. M.. 10:02 Question by the judge and response by Mtre Iacovelli. Discussion between the judge and Mtre Iacovelli. 10:07 Intervention of Mtre Gabizon. Discussion between the judge, Mr.
M. and Mtre Gabizon. 10:10 Discussion between the judge and Mr. M.. 10:13 BY THE JUDGE: Judgement – see page 4. Conclusion of the hearing. Anne Dumont, Clerk at the hearing JUDGMENT [ 1 ] Given the applicant’s request to postpone the hearing in light of the passing of his mother; [ 2 ] Given that the respondents are not contesting this request; [ 3 ] Given that it is in the interest of justice to
schedule the hearing in the near future in accordance with the availabilities of the parties and that all of the parties including Mr. M. have confirmed their availability on January 9, 2023. THEREFORE, THE UNDERSIGNED: [ 4 ] GRANTS the request for postponement; [ 5 ] POSTPONES the application for leave to appeal peremptorily to January 9, 2023 in courtroom RC-18; [ 6 ] With legal costs to follow. GENEVIÈVE MARCOTTE, J.A.
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