2014 QCCA 263, 2014 QCCA 263

Droit de la famille — 14254 2014 QCCA 263 COUR D'APPEL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTREAL No: 500-09-024075-137 (760-12-022774-123 ) MINUTES OF THE HEARING DATE: January 29, 2014 Mtre Julie Devroede, assistant clerk APPELANT A. A. In Person RESPONDENT ATTORNEY D. K. Mtre Nicolas Lapierre BRIGITTE BRUNET AVOCATS REQUEST FOR EXTENSION FOR SUBMISSION OF FACTUM (Art. 503.1, 505 & 509.1 C .C.P. ) Clerk : Asma Berrak Court Room: RC.18

HEARING 9:01: Beginning of the hearing. 9:01: Submission by Mr. A. 9:05: Suspension of the hearing. 9:10: Resumption of the hearing. 9:10: Submission by Mr. A. 9:12: Submission by Mtre Lapierre. 9:14: The motion is not contested by Mtre Lapierre. 9:14: Mr. A. has no reply to present. 9:14: Conclusion of the hearing. Asma Berrak Clerk JUDGMENT [ 1 ] I am seized with appellant’s motion to extend the delay to file his written argument, which expired on January 27, 2014. The hearing on the merits is scheduled for April 3, 2014. In his motion, the appellant requested an additional 14 days to file his argument.

This morning, he verbally amends his motion and asks that the delay be extended for 30 days. [ 2 ] The appellant, who is not represented by an attorney, explains that despite having requested the transcription of the trial in first instance on December 13, 2013, he only recently received them. This delay was incurred due to the fact that the trial took place in both French and English, making it harder to find a stenographer who could proceed with the transcription.

Also, not being represented by an attorney, the appellant needs to take time off work to prepare his argument, which he has not been able to do recently due to his workload [1] . [ 3 ] I have explained to Mr. A. that if his motion is granted, it is possible that the hearing of the case will have to be postponed, so that the Court has sufficient time after the filing of both arguments to prepare for the hearing [2] .

He informed me that he is not opposed to such a postponement. [ 4 ] The respondent’s attorney asserts that the procedures in appeal should be suspended, seeing as the appellant has defaulted on the payment of sums granted to the respondent in the Superior Court.

I have informed counsel for the respondent that I do not have jurisdiction to rule on such demands and asked to hear the respondent’s representations on the motion to extend the delay to file appellant’s factum. [ 5 ] To this, he replied that he has no representations to make and that it makes no difference whether I grant the extension or not, since he intends to present the appropriate motions to suspend the procedures in appeal. Therefore, the motion is not contested.

FOR THESE REASONS : [ 6 ] The verbal amendment of appellant’s motion is AUTHORIZED ; [ 7 ] The motion is GRANTED without costs and the delay to file appellant’s written argument is extended to February 26, 2014;

[ 8 ] The delay to file respondent’s factum is therefore extended to March 26, 2014; [ 9 ] The case is struck from the roll of April 3, 2014, in courtroom Antonio Lamer; [ 10 ] The hearing of the case is fixed to the next available date, May 29, 2014, in courtroom Pierre-Basile-Mignault. Mtre Julie Devroede, assistant clerk [1] It has been recognized by this court that an extension may be justified in such circumstances : Camirand c. Gagnon , 2013 QCCA 1179 .