2011 QCCA 1391, 2011 QCCA 1391
Opinion
M.B. c. D.B. 2011 QCCA 1391 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021856-117 ( 505-14-007092-116 ) MINUTES OF THE HEARING DATE: July 20, 2011 THE HONOURABLE MARIE-FRANCE BICH, J.A. PETITIONER ATTORNEY(
S) M.B. Mtre Jacqueline Sanderson RESPONDENT(
S) ATTORNEY(
S) D.B. Mtre Isabelle Demers UNPLEADED PARTY ATTORNEY(
S) PUBLIC CURATOR J.B. Mtre Alexandre Leroux Personally
MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT OF THE SUPERIOR COURT RENDERED ON JULY 13 th BY THE HONOURABLE MR. JUSTICE PAUL MAYER, DISTRICT OF LONGUEUIL. Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 9 h 29 Continuation of the hearing of July 15, 2011. 9 h 30 Mtre Jacqueline Sanderson indicates that her client is ready to take care of her father, without any conditions attached, as she has done since last summer. The petitioner also asks that the condition requiring that medical appointments be organized by her sister be suspended until the appeal can be heard on the merits.
The petitioner also requires to be allowed to arrange for Mr. B. to reside in an establishment other than the Waltonwood and that would be closer to her home. 9 h 33 The judge asks Mtre Sanderson if she has prepared an amended motion for leave to appeal stating the conclusions sought by the petitioner on the merits of the appeal. Mtre Sanderson did not prepare an amended motion. She amends the motion verbally, asking the Court to suspend execution and quash the order by which petitioner would have to comply with the medical appointments made by her sister for their father. 9 h 37 Argument of Mtre Isabelle Demers.
She announces that, in light of the motion for leave to appeal and the turn of events, she will require a safeguard order from the Court. 9 h 40 Argument of Mtre Alexandre Leroux. 9 h 42 M. J.B. is invited to speak and indicates that he has nothing to add to the submissions of the other parties. 9 h 43 Decision of the judge – see page 3. Marcelle Desmarais Clerk JUDGMENT
[ 1 ] The motion for leave to appeal is referred to a panel sitting this July 20, 2011, to be heard with the motion for a safeguard order. MARIE-FRANCE BICH, J.A.
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