2023 QCCA 1127, 2023 QCCA 1127

Droit de la famille — 231556 2023 QCCA 1127 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-700179-237 ( 550-04-022146-225 ) MINUTES OF THE HEARING WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). DATE: September 1, 2023 MTRE JULIE BRUNET , DEPUTY CLERK APPELLANT COUNSEL A. L.

Mtre Véronique Allaire ( Les Associés Avocats ) By videoconference RESPONDENT COUNSEL T. S. Mtre Rémy Cuda ( Centre communautaire juridique de L'Outaouais ) By videoconference DESCRIPTION: Respondent’s lawyer’s motion to cease representing the respondent (Arts. 194 al. 2 and 378 C.P.P. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18

HEARING 8:58 Commencement of the hearing. Identification of counsel. Exchanges between the parties. 9:01 Mr. S. consent to receive notification by e-mail by Mtre Allaire. 9:07 BY THE DEPUTY CLERK: Judgment will be rendered on the minutes of the hearing and will be sent to the parties. Conclusion of the hearing.

Mélanie Camiré , Clerk at the hearing JUDGMENT WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). [ 1 ] The Respondent’s lawyer asks the permission to cease representing his client. [ 2 ] He alleges that the Respondent revoked his mandate to represent him and a loss of his client’s trust. [ 3 ] The motion is not contested by the Appellant nor by the Respondent himself. [ 4 ] The Respondent’s intention is to represent himself.

He will soon file his non-representation statement according to

section 358 of the Code of Civil Procedure (C.c.

p) to the Registry. [ 5 ] The undersigned also reminds the application of

section 192 al. 1 C.c.p. especially to the Appellant’s lawyer. [ 6 ] Nevertheless, both parties mention that they intent to file their memoranda according to the deadlines (September 19, 2023 for the Appellant and October 19, 2023 for the Respondent). The transcripts are ordered and will be ready on time according to the Appellant’s lawyer.

The parties are also aware that the hearing of the appeal is scheduled on November 24, 2023. [ 7 ] Even though the Respondent verbally consents to receive notification by technological means (section 133 C.c.p.), the undersigned asks the Appellant to provide a written consent to the Registry. This will greatly facilitate the clerks’ work especially when filing pleadings or other documents. Also,

section 55 al. 3 of the Regulation in Civil Matters requires a specific and express written consent for a memoranda: With the consent of the parties or their counsel, notification may be made by technological means only, without a paper copy being provided or with a paper copy to be provided within such time limit as the parties or their counsel determine together. In such a case, the express written consent of the recipient to either means of proceeding shall be attached to the proof of notification of the brief by technological means within the time limit prescribed by

article 373 of the Code of Civil Procedure . [ 8 ] Considering the written explanations given by the Respondent’s lawyer; FOR THESE REASONS, the undersigned :

[ 9 ] GRANTS the motion to cease representing the Respondent; [ 10 ] AUTORIZES Mtre Rémy Cuda to cease representing the Respondent in the present appeal file; [ 11 ] TAKES NOTE that the Respondent intents to file a non-representation statement to the Registry as soon as possible; [ 12 ] THE WHOLE , without costs. MTRE JULIE BRUNET DEPUTY CLERK