2015 QCCA 1815, 2015 QCCA 1815

Rodrigue c. Dion 2015 QCCA 1815 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025677-154 (705-17-006237-158) MINUTES OF THE HEARING DATE: November 2, 2015 THE HONOURABLE martin vauclair, J.A. PETITIONERS ATTORNEY nicole rodrique sylvie rodrigue Mtre MICHAEL HOLLANDER (Oiknine & Associé

s) RESPONDENT ATTORNEY RÉJEANNE DION , personally and ès qualités liquidator of the succession of Guy Rodrigue Mtre NICOLAS PRÉVILLE-RATELLE (Ratelle Ratelle & Associé

s) DESCRIPTION: Motion for permission to appeal an judgment rendered on October 5 th , 2015 by Steve J. Reimnitz of the Superior Court of Québec, judicial district of Joliette Clerk: Shirley Thomas Courtroom: RC-18

HEARING 12 :18 Commencement of the hearing. Identification of counsel. Submission by Mtre Hollander. 12: 41 Submission by Mtre Préville-Ratelle. 12 : 55 Reply by Mtre Hollander. 13: 04 Recess 13: 12 Resumption of the hearing. 13:13 By The Judge: Judgment – Page 3. 13:17 Conclusion of the hearing. SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] The undersigned, ruling on a motion for leave to appeal from an interlocutory judgment rendered on October 5, 2015 by the Superior Court, district of Joliette (Honourable Steve J.

Reimnitz) refusing to join two actions involving the parties; [ 2 ] After examining the file and hearing the parties; [ 3 ] Given articles 29 and 511 C.C.P. ; [ 4 ] Given that there should be case management of the appeal; [ 5 ] Given rules 48 and 49 of the Rules of the Court of Appeal in Civil Matters , which reads as follows: 48. Abandonment. Where the appellant’s arguments and documents standing in lieu of the factum are not served and filed within the established time limit, the appeal shall be deemed to be abandoned and

article 503.1 of the Code of Civil Procedure shall apply, mutatis mutandis . 49. Foreclosure. Where the respondent’s argument and, if applicable, documents standing in lieu of the factum are not served and filed within the established time limit, the respondent shall be foreclosed from filing and

article 505 of the Code of Civil Procedure apply, mutatis mutandis. THEREFORE, THE UNDERSIGNED: [ 6 ] GRANTS leave to appeal; [ 7 ] ORDERS the suspension of proceedings in first instance; [ 8 ] PLACES the case on the role of February 19, 2016 for a 60 minutes hearing, evenly divided between parties;

[ 9 ] ORDERS the appellant, after having served a copy upon the respondent, to file in the office of the Court, no later than December 4, 2015 , five copies of a written argument not exceeding 10 pages , of the exhibits that would normally have made up schedules I, II and III of his factum and of his authorities; [ 10 ] ORDERS the respondent, after having served a copy upon the appellant, to file in the office of the Court, no later than January 19, 2016 , five copies of a written argument not exceeding 10 pages , of his supplementary documents and of his authorities; [ 11 ] ORDERS the parties to present their written arguments on 21.5 cm X 28 cm (8 ½ X 11 in.) paper, with line spacing of at least 1.5 lines (except in the case of quotations, which must be single-spaced and indented), and the computer-prepared text shall be in 12- point type, with no more than 12 characters per 2.5 cm, the use of the font ARIAL-12 being strongly recommended; [ 12 ] ORDERS that the documents filed by the parties carry a continuous pagination or tabs, a front cover and a general table of contents; [ 13 ] THE WHOLE , costs to follow.

MARTIN VAUCLAIR, J.A.