2019 QCCA 1453, 2019 QCCA 1453

Droit de la famille — 191809 2019 QCCA 1453 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-027996-180 ( 500-12-322584-149 ) MINUTES OF HEARING DATE: September 3, 2019 THE HONOURABLE MARIE-FRANCE BICH, J.A. APPELLANT/INCIDENTAL RESPONDENT S. I. Unrepresented RESPONDENT/INCIDENTAL APPELLANT E. H.

Unrepresented IMPLEADED PARTY Registrar of civil status UNREPRESENTED AND ABSENT IMPLEADED PARTY COUNSEL Attorney general of quebec Mtre Gabrielle Robert ( Bernard, Roy (Justice-Québec) ) On appeal from a judgment rendered on November 15, 2018 by the Honourable Marc St-Pierre of the Superior Court, District of Montreal . DESCRIPTION: Appellant’s application to extend the time limit for the filing of the memorandum (Art. 373 al. 3 C.C.P. ) Respondent’s verbal application to increase the number of pages of the memorandums on the incidental appeal

Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 12:04 Commencement of the hearing. Identification of counsel. Submissions by Mrs. I.. 12:11 Submission by Mr. H. and verbal application to add pages to his memorandum. 12:17 Comments by Mtre Robert. 12:19 Submissions by Mtre Robert. 12:21 Reply by Mrs. I.. 12:25 Recess of the hearing. 12:35 Resumption of the hearing. Discussion between the judge and Mrs. I.. 12:39 Recess of the hearing. 13:05 Resumption of the hearing. 13:09 BY THE JUDGE: Judgment – see page 3. 13:13 Conclusion of the hearing. 13:16 Resumption of the hearing. Mr.

H. addresses the judge concerning the number of pages in his memorandum. 13:21 Comment by Mtre Robert. Discussion between the judge and the parties. 13:24 BY THE JUDGE: Judgment – see page 3. 13:25 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] For the second time, the appellant seeks to postpone the filing of her memorandums on the principal and incidental appeals (art. 373, para. 3 and 374 C.C.P. ).

On May 28, 2019, Mainville, J.A. granted a first extension: POUR CES MOTIFS, LE SOUSSIGNÉ : [4] PROROGE la date pour le dépôt de l’exposé de l’appelante et PERMET à celle-ci de déposer et de notifier son exposé au plus tard le 3 septembre 2019; [5] PROROGE les dates de dépôt et de notification des exposés des autres parties selon l’échéancier qui suit :

a) pour la

partie intimée et appelante incidente : au plus tard le 11 octobre 2019;

b) pour la

partie intimée incidente : au plus tard le 18 octobre 2019;

c) pour les parties mises en cause : au plus tard le 18 octobre 2019. [6] LE TOUT, sans frais de justice. [1] [ 2 ] On August 15, 2019, the appellant’s lawyer notified her client, the other parties and the Clerk of the Court of her decision to cease representing her. [ 3 ] It appears that, although, at the undersigned’s suggestion, she filed a notice of intention to self-represent, pursuant to art. 192 C.C.P. , the appellant has no actual intention to self-represent, as she is unable to complete her memorandums by herself and is actively trying to find a new lawyer.

In addition, she has recently been authorized to appear before the Court in another appeal file, to be heard on September 20, 2019, and to file a short memorandum on September 10, at the latest. She does not have much time left to find a lawyer in the present case and to complete her appeal memorandum. Hence, she asks that the time limit for the filing of her appeal memorandum in the present case be extended by three months, which will also postpone the filing of the memorandums of the other parties and that of her own memorandum in the incidental appeal.

[ 4 ] Counsel for the Attorney General agrees to the appellant’s request. [ 5 ] The respondent, who is not represented by counsel does not oppose the appellant’s application but expresses the wish that this be the last time extension granted in the file. In other respects, he also submits a verbal application seeking permission to file a memorandum of 30 pages on his incidental appeal. (N.B. Said verbal application first created some confusion, as it seemed to relate to the principal appeal.

It was later made clear, however, that it related to the incidental appeal.) [ 6 ] After discussion with the parties, it is appropriate to authorize all parties to the incidental appeal to file memorandums of a maximum of 20 pages (while the memorandums to be filed on the principal appeal remain at 20 pages, as decided earlier by the Clerk of the Court).

FOR THESE REASONS, THE UNDERSIGNED: [ 7 ] GRANTS the respondent’s verbal application and allows all parties to the incidental appeal to file and notify memorandums of a maximum of 20 pages; [ 8 ] GRANTS the appellant’s application and ALLOWS the appellant to file and notify her memorandum (principal appeal) on December 19, 2019, at the latest, said memorandum not to exceed 20 pages; [ 9 ] ALLOWS the other parties to file and notify their memorandums on the following dates respectively:

a) for the respondent/incidental appellant: February 13, 2020, at the latest;

b) for the incidental respondent: February 28, 2020, at the latest;

c) for the impleaded parties: March 20, 2020, at the latest; all memorandums thus filed and notified not to exceed 20 pages for the principal appeal and 20 pages for the incidental appeal. [ 10 ] Without legal costs. MARIE-FRANCE BICH, J.A.