2015 QCCA 1458, 2015 QCCA 1458

De.P. c. R.P. 2015 QCCA 1458 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025321-159 , 500-09-025530-155, 500-09-025322-157 (500-14-042941-138) DATE: October 1, 2015 IN THE PRESENCE OF THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. 500-09-025321-159 DE. P. R. P. Petitioners v. D. J. Respondent and C. B. T. B. THE PUBLIC CURATOR OF QUEBEC Impleaded Parties 500-09-025530-155 DE. P. R. P. Petitioners v. D. J. Respondent and C. B. T. B. THE PUBLIC CURATOR OF QUEBEC Impleaded Parties 500-09-025322-157 C. B. T. B. DE. P. R. P. Petitioners v. D. J.

Respondent and THE PUBLIC CURATOR OF QUEBEC Impleaded party RECTIFIED JUDGMENT [ 1 ] As a result of an oversight, a clerical error was made at paragraphs 1, 2, 5, 6 and 14 of the judgment which should have referred to the Appellants and named Mrs R. P..

[ 2 ] Thus, the judgment rendered on September 4, 2015 is rectified for the purpose of replacing all references to the terms “Appellant” and “Appellant-Petitioner” by the term “Appellants” at paragraphs 1, 2, 5 and 6 of said judgment, as well as to add the name of R. P. after that of De. P. in the conclusion found at paragraph 14. GENEVIÈVE MARCOTTE, J.A. Mtre Anamaria Natalia Manole ANAMARIA NATALIA MANOLE, AVOCATE For Petitioners De. P. and R. P. Mtre Mazaltov Ohana MAZALTOV OHANA, AVOCATE For Respondent D. J. Mtre Mao Chambers MAO CHAMBERS, AVOCAT For Impleaded parties and Petitioners C. B. and T. B.

Mtre Émilie Bourret LE CURATEUR PUBLIC DU QUÉBEC For Impleaded party the Public Curator of Quebec Date of hearing: September 4, 2015 De.P. c. R.P. 2015 QCCA 1458 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025321-159, 500-09-025530-155, 500-09-025322-157 (500-14-042941-138) MINUTES OF THE HEARING DATE: September 4, 2015 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. No: 500-09-025321-159

PETITIONERS ATTORNEY DE. P. R. P. Mtre Anamaria Natalia Manole ( Anamaria Natalia Manole, avocate ) RESPONDENT ATTORNEY D. J. Mtre Mazaltov Ohana (Absent) ( Mazaltov Ohana, avocate ) IMPLEADED PARTY ATTORNEYS C. P. T. B. THE PUBLIC CURATOR OF QUEBEC Mtre Mao Chambers (Absent) (Mao Chambers, avocat) Mtre Emilie Bourret ( Le Curateur public du Québec ) No: 500-09-025530-155 PETITIONERS ATTORNEY DE. P. R. P. Mtre Anamaria Natalia Manole ( Anamaria Natalia Manole, avocate ) RESPONDENT ATTORNEY D. J. Mtre Mazaltov Ohana (Absent) ( Mazaltov Ohana, avocat ) IMPLEADED PARTY ATTORNEYS C. P. T. B.

THE PUBLIC CURATOR OF QUEBEC Mtre Mao Chambers (Absent) (Mao Chambers, avocat) Mtre Emilie Bourret ( Le Curateur public du Québec )

No: 500-09-025322-157 PETITIONERS ATTORNEYS C. P. T. B. DE. P. R. P. Mtre Mao Chambers (Absent) (Mao Chambers, avocat) RESPONDENT ATTORNEY D. J. Mtre Mazaltov Ohana (Absent) ( Mazaltov Ohana, avocat ) IMPLEADED PARTY ATTORNEY THE PUBLIC CURATOR OF QUEBEC Mtre Emilie Bourret ( Le Curateur public du Québec ) DESCRIPTION: Motion to extend the delays for the filing of appellants, factum and for the joinder of appeals (De Bene Esse) and for permission to file one factum for both appeals. Clerk: Shirley Thomas Courtroom: RC-18 HEARING 10 :24 Commencement of the hearing. Identification of counsel.

Exchange between the judge and the attorneys. Representations by Mtre Manole. 10 :28 Exchange between the judge and Mtre Manole. 10: 30 Representations by Mtre Bourret. 10: 34 Exchange between the judge and Mtre Bourret. 10: 38 Recess. 10: 47 Resumption of the hearing. Judgement – see page 4. 10: 57 Conclusion of the hearing. SHIRLEY THOMAS Clerk

BY THE JUDGE JUDGMENT [1] The Appellant-Petitioner (“ Appellant ”) is seeking a joinder of appeals and an extension of delay to file a joint factum; [2] On May 28, 2015, the Appellant filed an inscription in appeal of a judgment rendered on April 29, 2015, by Mr. Justice Michel A. Pinsonneault of the Superior Court of Montreal, in a curatorship matter, under Court file number SCM: 500-14-039290-119 (“ First judgment ”), said inscription bearing Court number : 500-09-025321-159; [ 3 ] The impleaded parties C. P. and T.

B. also filed their own inscription in appeal of the First judgment, under Court number : 500-09-025322-157; [ 4 ] A second judgment was rendered by Mr. Justice Michel A. Pinsonneault concerning the same parties in the same Court file number SCM: 500-14-039290-119, on July 9, 2015, as part of a “second phase” of the matter (“ Second judgment ”).

Said judgment reproduces portions of the First judgment; [ 5 ] On August 6, 2015, the Appellant filed an inscription in appeal of the Second judgment, under Court number : 500-09-025530- 155; [ 6 ] At the hearing, at the request of the impleaded parties, the Appellant made a verbal amendment to seek the joinder of the third appeal initiated by these parties under Court number : 500-09-025322-157; [ 7 ] Considering that the hearings which led to the First and Second judgment are intertwined and considering the volume of exhibits and the significant costs to the parties associations with conducting separate appeals; [ 8 ] Considering the objective of a sane administration of justice; [ 9 ] Considering that the delay to file a factum in Court file number : 500-09-025530-155 is December 5, 2015; [ 10 ] Considering the absence of contestation and a combined reading of articles 503.1, 504, 504.1, 508.2 and 509 C.C.P .

FOR THESE REASONS, THE UNDERSIGNED: [ 11 ] GRANTS the amended motion; [ 12 ] ORDERS the joinder of appeals in the three matters bearing the following Court file numbers: 1. 500-09-025321-159; 2. 500-09-025322-157; 3. 500-09-025530-155. [ 13 ] ORDERS the parties in all three matters to file a joint factum; [ 14 ] EXTENDS the delay to file a joint factum for Appellants De. P., C. P. and T. B. to December 5, 2015, it being understood that the Respondents will enjoy a 90 day delay to file their own joint factum calculated from said extended date; [ 15 ] WITHOUT COSTS, given the absence of contestation.

GENEVIÈVE MARCOTTE , J.A.