2018 QCCA 470, 2018 QCCA 470
Opinion
Droit de la famille — 18609 2018 QCCA 470 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027004-175 (500-12-273750-046) MINUTES OF THE HEARING DATE: March 19, 2018 CORAM: THE HONOURABLE nicole duval hesler , C.J.Q. jean bouchard , J.A. mark schrager , J.A. APPELLANT COUNSEL J… R... Mtre SHAY J. MERGUI (Sabbah & Mergui) RESPONDENT COUNSEL T… G... Mtre johanna sarfati (Johanna Sarfati, avocate) Impleaded Party M... P... THIRD PARTY YANNICK DERY
DESCRIPTION : Application to be relieved of the default of filing the memorandum by the date fixed by the Court resulting in the lapse of an appeal (Article 34 of the Civil Practice Regulation of the Court of Appeal ) Application for permission to present indispensable new evidence (Article 380 C.p.c .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11:36 Commencement of the hearing.
Identification of counsel. 11:36 Submissions by Mtre Mergui. 11:38 Mtre Mergui amends the conclusions of the Motion for Permission to Present Indispensable New Evidence: He asks to produce the Official Index and the Deed of Correction instead of the Deed of Sale. 11:38 Submissions by Mtre Sarfati. 11:41 By the Court: judgment – see page 3.
Robert Osadchuck Clerk BY THE COURT JUDGMENT On the Application to be relieved of the default of filing the memorandum by the date fixed by the Court: THE COURT: [ 1 ] GRANTS the application; [ 2 ] RELIEVES the appellant from her default resulting in the lapse of her appeal; [ 3 ] AUTHORIZES the appellant to file a memorandum within 5 days following the present judgment; [ 4 ] The whole, with costs to follow the outcome of the appeal. On the Application for permission to present indispensable new evidence:
THE COURT : [ 5 ] AUTHORIZES the appellant to file the new evidence: the Official Index and the Deed of Correction; [ 6 ] REFERS the decision regarding the admissibility and the weight to be given to that new evidence to the panel that will hear the appeal; [ 7 ] The whole, with costs to follow the outcome of the appeal. nicole duval hesler, C. J.Q. jean bouchard, J.A. mark schrager, J.A.
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