2018 QCCA 1211, 2018 QCCA 1211
Opinion
Owen Henderson c. Attorney General of Quebec 2018 QCCA 1211 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027501-188 (500-05-065031-013) MINUTES OF THE HEARING DATE: July 18, 2018 THE HONOURABLE GENEVIÈVE MARCOTTE, J.A. PETITIONER COUNSEL KEITH OWEN HENDERSON Mtre BRENT DAVIES TYLER (Me Brent Davies Tyler) RESPONDENT COUNSEL ATTORNEY GENERAL OF QUEBEC Mtre JEAN-YVES BERNARD (Ministère de la Justice (DGAJLAJ)) IMPLEADED PARTY COUNSEL ATTORNEY GENERAL OF CANADA Mtre CLAUDE JOYAL (Ministère de la Justice Canada) SOCIÉTÉ SAINT-JEAN-BAPTISTE DE MONTRÉAL Mtre MARC MICHAUD
DESCRIPTION: Appelant’s motion to increase the number of pages of his argument, to extend the delay to file his brief and for other requests relating to the preparation of schedules. (Art. 377 C.C.P. ) Clerk: Quentin A. Desrosiers Courtroom: RC-18 HEARING 9:43 Commencement of the hearing. Identification of counsel. Exchanges between the parties of the Court. 9:44 The hearing is adjourned. 10:27 Resumption of the hearing. Comments by the Judge. 10:29 Arguments by Mtre Tyler.
Following comments made by the Judge, Mtre Tyler is willing to reduce his request to the filing of a 40 page brief and an extension of 2 months to file the brief. 10:32 Exchanges concerning the Société Saint-Jean-Baptise de Montréal whose attorney is not present. 10:33 Arguments by Mtre Bernard. 10:35 Arguments by Mtre Joyal. 10:36 Exchanges between the parties and the Judge. 10:37 BY THE JUDGE: Judgment – page 3. 10:41 Conclusion of the hearing. (
s) Quentin A.
Desrosiers Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the Appellant’s motion and the representations of the parties at the hearing; THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the motion in part; [ 3 ] AUTHORIZES the Appellant to increase the number of pages of its arguments, (Parts I, II, III and IV), from 30 to 40 pages; [ 4 ] AUTHORIZES the Respondent and the Impleaded party, Attorney General of Canada, to increase the number of pages of their arguments (Parts I, II, III and IV) from 30 to 40 pages; [ 5 ] EXTENDS the delay to file the Appellant’s brief to October 10, 2018; [ 6 ] EXTENDS the delay to file the Respondent’s brief to January 20, 2019; [ 7 ] EXTENDS the delay to file the Impleaded party Attorney General of Canada’s brief to February 20, 2019;
[8] AUTHORIZES the Appellant to file exhibit R-14 consisting of 5 volumes of evidence prepared by the Impleaded party, theAttorney General of Canada, in Reference to the Secession of Quebec, (SCC), [1998] 2 SCR 217, in their current formwithout filing a technological version. [9] AUTHORIZES the Appellant to file one (1) original and four (4) copies of exhibit R-14 to the court; [10] DISPENSES the Appellant from serving exhibit R-14 unto the other parties or counsel; [11] THE WHOLE without legal costs given the absence of contestation. GENEVIÈVE MARCOTTE, J.A.
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