2018 QCCA 1032, 2018 QCCA 1032

D.B. c. M.B. 2018 QCCA 1032 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027581-180 (500-14-040437-121) MINUTES OF THE HEARING DATE: June 15, 2018 THE HONOURABLE MARIE-FRANCE BICH, J.A. PETITIONER D. B. Self-represented and present RESPONDENT COUNSEL M. B. Mtre GEETA NARANG Emmanuelle moussa, stagiaire (Narang & associés, s.e.n.c.) IMPLEADED PARTY ESTATE OF THE LATE J. B. DESCRIPTION: Motion for leave to appeal the judgment rendered in the course of a proceeding on June 11, 2018 by the Honourable Michèle Monast of the Superior Court, District of Montreal Clerk: Elisabeth Lepage Courtroom: RC-18

HEARING 10:06 Commencement of the hearing. Exchanges between the judge and Ms. B.. 10 h 08 Submission by Ms. B.. 10 h 20 Ms. B. declares that she does not intend to appeal the judgment that disqualified her lawyer. 10 h 33 Exchanges between the judge and Ms. B.. 10 h 43 Submission by Mtre Narang. 10 h 56 Rebuttal by Ms. B.. 11 h 01 Recess. 11 h 30 Resumption. 11 h 31 BY THE JUDGE: The motion is taken under advisement and a safeguard order issued to be in force until judgment is rendered. 11 h 32 Conclusion of the hearing. (

s) Elisabeth Lepage Clerk BY THE JUDGE JUDGMENT [ 1 ] On June 11, 2018, after her lawyer was disqualified from acting on her behalf in defense to the respondent’s “Application to declare proceedings and conduct to be an improper use of procedure and impose sanctions and application for safeguard orders”, the petitioner, who intended to secure the services of counsel, requested the postponement of the hearing of said application, that was set to be heard on that same day. Her request was denied and the judge ordered the parties “de procéder sur la demande en rejet pour abus de procédures”.

The petitioner seeks to appeal this judgment (but not the judgment disqualifying her lawyer). It is to be noted that, after judgment was rendered, the Superior Court heard the respondent’s application on June 11 and June 12, 2018. It is set to continue today. [ 2 ] The motion for leave to appeal is taken under advisement. [ 3 ] Considering, however, that this motion raises the question of the right to counsel, a safeguard order will be issued prohibiting the parties to proceed before the Superior Court with the respondent’s application and staying said proceeding.

This safeguard order shall remain in force until judgment is rendered on the petitioner’s motion for leave to appeal. THEREFORE, THE UNDERSIGNED: [ 4 ] TAKES the motion for leave to appeal under advisement; [ 5 ] ORDERS the parties not to continue the hearing of the respondent’s “Application to declare proceedings and conduct to be an improper use of procedure and impose sanctions and application for safeguard orders” and ORDERS that this proceeding be stayed in consequence, the whole until judgment is rendered on the petitioner’s motion for leave to appeal; [ 6 ] Legal costs to follow. MARIE-FRANCE BICH , J.A.