Fleming c. McGill University 2016 QCCA 1714 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025487-158 (500-22-211123-149) MINUTES OF THE HEARING DATE: October 24, 2016 THE HONOURABLE MARIE-FRANCE BICH, J.A. APPELLANT ATTORNEY JAMES FLEMING SELF-REPRESENTED RESPONDENT ATTORNEY MCGILL UNIVERSITY Mtre ANNIE BOURGEOIS (Langlois avocats, S.E.N.C.R.L.) DESCRIPTION: Motion for case management Clerk: Annabel David Courtroom: RC-18 HEARING

9 : 30 Roll call and suspension of the hearing. 16 : 37 Resumption of the hearing. The motion is not contested by the respondent but if the motion is granted, Mtre Bourgeois would like to propose a different timeline. Representations by Mr Fleming. 16 : 47 Mr Fleming offers to file his amended brief on November 24 th , 2016. 16 : 54 Representations by Mtre Bourgeois. 16 : 58 Remark by Mr Fleming. 16 : 59 BY THE JUDGE : Judgment – page 3. 17 h 03 Conclusion of the hearing. (

s) Annabel David Clerk BY THE JUDGE JUDGMENT [ 1 ] Considering the motion for case management; [ 2 ] Considering that the appeal was initiated on July 27, 2015; [ 3 ] Considering that the appellant bears the responsibility of obtaining all material pertaining to his appeal; [ 4 ] Considering, however, the peculiar circumstances of the present case, in particular the new evidence that has been adduced to the file; [ 5 ] Considering that a last-resort and last-chance measure is appropriate; [ 6 ] Considering that the respondent does not oppose this measure but defers to the discretion of the undersigned; [ 7 ] Considering

article 833, 1 st para., sub-para. 3 of the Act to establish the new Code of Civil Procedure , S.Q. 2014, c. 1; [ 8 ] Considering

article 367 C.C.P. ; FOR THE AFOREMENTIONED REASONS, THE UNDERSIGNED: [ 9 ] GRANTS the appellant’s motion; [ 10 ] ORDERS the appellant to file his amended brief on January 13, 2017 (4:30 PM) at the latest; [ 11 ] ORDERS the respondent to file its brief two months after the filing of the appellant’s amended brief, at the latest; [ 12 ] THE WHOLE , without legal costs. MARIE-FRANCE BICH , J.A.