2016 QCCA 1253, 2016 QCCA 1253

Xanthoudakis c. R. 2016 QCCA 1253 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006210-163 (500-01-051050-117) MINUTES OF THE HEARING DATE : August 3, 2016 THE HONOURABLE NICHOLAS KASIRER , J.C.A. PETITIONER COUNSEL JOHN XANTHOUDAKIS Mtre ANDREW BARBACKI (Andrew Barbacki) RESPONDENT COUNSEL SA MAJESTÉ LA REINE Mtre CÉLINE BILODEAU (Directeur des poursuites criminelles et pénales) DESCRIPTION : Application for leave to appeal against the sentence rendered on June 22, 2016 by the Honourable Pierre Labrie of the Superior Court, District of Montreal. Clerk : Annabel David Courtroom : RC-18

HEARING 9 h 33 Commencement of the hearing. Identification of counsel. The judge asks counsel’s positions on the referral of the present application for leave to the panel of the Court that will hear the appeal from the verdict. 9 h 35 BY THE JUDGE : Judgment – page 3. 9 h 36 Conclusion of the hearing. (

s) Annabel David Clerk BY THE JUDGE JUDGMENT [ 1 ] John Xanthoudakis asks for leave to appeal from a judgment on sentence of eight years imprisonment, rendered on June 22, 2016 by the Superior Court, District of Montreal (the Honourable Pierre Labrie).

The petitioner was found guilty of one count of fraud, eight counts of forgery and eight counts of uttering forged documents. [ 2 ] The petitioner has filed an amended notice of appeal from the guilty verdict (500-10-006187-163). [ 3 ] Given the tenor of the arguments raised in the motion for leave, and mindful of the judgment of my colleague Doyon, J.A. rendered on July 27, 2016 in Weinberg v. The Queen , in my view it is in the interest of justice to refer the motion for leave to the panel of the Court that will hear the appeal from Mr Xanthoudakis’ verdict on the merits.

I note that Doyon J.A. referred motions before him relating to Mr Weinberg’s files to the same panel. [ 4 ] The time limits for the preparation of briefs should be the same as those fixed for the preparation of factums on appeal from the verdict. [ 5 ] I observe that the respondent has chosen not to contest the referral of the motion for leave to the Court on this basis.

FOR THE FOREGOING REASONS, THE UNDERSIGNED: [ 6 ] REFERS the motion for leave to the panel of the Court that will hear the appeal from the verdict (Court file number 500-10- 006187-163). [ 7 ] PLACES the case on the role at a date to be determined and to be pleaded without briefs for a hearing of 60 minutes of duration; [ 8 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court, five copies of the documents that ordinarily constitute Schedules I, II and III of the brief, including the present judgment, a book of authorities and, if applicable, an argument no longer than 15 pages in length; [ 9 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, five copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 15 pages in length.

NICHOLAS KASIRER , J.C.A.