2022 QCCA 1744, 2022 QCCA 1744
Opinion
Droit de la famille — 222262 2022 QCCA 1744 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030196-224 ( 500-04-060805-133 ) MINUTES OF 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 (arts. 15 and 16 C.C.P .). DATE: December 16, 2022 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. APPELLANT COUNSEL G. D.
Mtre DANIEL ROMANO ( Kalman Samuels, Q.C. & Associates ) By videoconference RESPONDENT COUNSEL J. A. Mtre CATHERINE AZOULAY ( Azran Avocats ) By videoconference IMPLEADED PARTY COUNSEL ATTORNEY GENERAL OF QUEBEC Mtre GABRIEL LAVIGNE ( Bernard, Roy (Justice-Québec) ) By videoconference DESCRIPTION: Application to suspend proceedings and remove appeal from the roll (Article 378 C.C.P. ). Clerk at the hearing : Anne Dumont Courtroom: RC-18
HEARING 10:54 Commencement of the hearing. Identification of counsel. The application to suspend proceedings and remove appeal from the roll is uncontested. Discussion between the judge and the parties regarding the future management of the file in appeal. 10:58 BY THE JUDGE: Judgment – see page 4. 10:59 Conclusion of the hearing.
Anne Dumont, 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 (arts. 15 and 16 C.C.P .). [ 1 ] Considering the Application to suspend proceedings and remove the appeal from the roll; [ 2 ] Considering that the parties consent to the suspension of the proceedings and the removal from the roll of the appeal scheduled to be heard on February 24, 2023, pending resolution of their dispute before the Belgium courts; [ 3 ] Considering that it is in the interest of justice and proportionality to suspend the proceedings and to strike the matter from the roll of February 24, 2023 and to refer the matter to a judge in chambers for future management of the matter; FOR THESE REASONS, THE UNDERSIGNED: [ 4 ] GRANTS the Application to suspend the proceedings and remove the appeal from the roll; [ 5 ] ORDERS that the matter be struck from the roll of February 24, 2023 in courtroom Pierre-Basile-Mignault; [ 6 ] REFERS the matter to the judge in chambers sitting in courtroom RC-18 on April 4 th , 2023 to ensure future management of the matter; [ 7 ] ORDERS the suspension of the proceedings in appeal until April 4 th , 2023; [ 8 ] WITHOUT legal costs.
GENEVIÈVE MARCOTTE, J.A.
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