2015 QCCA 2161, 2015 QCCA 2161

Fleming c. McGill University 2015 QCCA 2161 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025487-158 (500-22-211123-149) MINUTES OF THE HEARING DATE: December 23, 2015 THE HONOURABLE MARK SCHRAGER, J.A. PETITIONER COUNSEL JAMES FLEMING PRESENT AND NOT REPRESENTED RESPONDENT COUNSEL MCGILL UNIVERSITY Mtre mélanie sauriol ( Langlois Kronström Desjardins, s.e.n.c.r.l. ) DESCRIPTION: Motion for Leave to Present Indispensible New Evidence (Article 509 C.C.P. ) Motion for Filing an Argument Exceeding 30 Pages in Length (Article 68 R.C.A. ) Clerk: Mihary Andrianaivo Courtroom: RC-18

HEARING 10: 05 Commencement of the hearing. By the Judge: Judgment on the Motion for Leave to Present Indispensible New Evidence – See page 3. 10: 09 Submissions by Mr. Fleming. 10:11 Submissions by Mtre Sauriol. 10:12 By the Judge: Judgment on the Motion for Filing an Argument Exceeding 30 Pages in Length – See page 3. End of the hearing. Mihary Andrianaivo Clerk

BY THE JUDGE JUDGMENT On the Motion for Leave to Present Indispensible New Evidence : [ 1 ] Seeing the motion for permission to present indispensible new evidence; [ 2 ] Considering

Article 509 of the Code of Civil Procedure ; [ 3 ] Considering that, it is the Court and not a judge in chambers that has jurisdiction in such matters; FOR THESE REASONS, THE UNDERSIGNED : [ 4 ] REFERS the motion to a bench of the Court sitting in Pierre-Basile Mignault courtroom, on January 25, 2016 , at 9:30.

On the Motion for Filing an Argument Exceeding 30 Pages in Length: [ 5 ] The Appellant seeks permission to file an argument exceeding 30 pages without specifying precisely how many pages are proposed and without any justification in the motion beyond there being “a number of issues in dispute”. [ 6 ] Permissions to file factums exceeding 30 pages are reserved for exceptional situations in cases that are long, complex and difficult. [1] [ 7 ] I fully appreciate the importance of the appeal for Appellant.

However, neither the inscription in appeal, nor the judgment in first instance indicate a matter of such length, complexity or difficulty as would merit granting permission to file a factum exceeding the 30 pages prescribed by the rules of practice. FOR THESE REASONS, THE UNDERSIGNED : [ 8 ] DISMISSES the motion to file an argument exceeding 30 pages but without costs. mark schrager , J.A.