D'Amico c. R. 2015 QCCA 140 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005761-141 (500-01-009195-089) MINUTES OF THE HEARING DATE: January 27, 2015 THE HONOURABLE MARK SCHRAGER, J.A.

PETITIONER COUNSEL GIOVANNI D’AMICO Mtre PHILIPE KNERR ( Schurman Longo Grenier ) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ANNE GAUVIN ABSENTE ( Directeur des poursuites criminelles et pénales ) DESCRIPTION: Motion to extend the delay for the production of a notice of appeal and motion for leave to appeal ( Art. 678(2) of the Criminal code ) Motion for leave to appeal from conviction on grounds that involve mixed questions of law and fact ( Art. 675(1) a)(ii) of the Criminal code ) Clerk: Asma Berrak Courtroom: RC.18

HEARING 9:32 Commencement of the hearing. Mtre Gauvin is absent. Submission by Mtre Knerr. 9:33 Judgment-see page 3. 9:35 Conclusion of the hearing.

Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the motion to extend the delay for the production of a notice of appeal and motion for leave to appeal; [ 2 ] Seeing the motion for leave to appeal from conviction on grounds that involve mixed questions of law and fact; [ 3 ] Seeing that the Appellant evidently had the intention to appeal throughout; [ 4 ] Seeing that the extension requested results from an error of one day in the computation of the delay; [ 5 ] Seeing that the extension of time causes no prejudice; [ 6 ] Seeing that the motions are not contested; [ 7 ] Seeing the ground of appeal of mixed fact and law set forth in the motion for leave to appeal as well as the grounds of law therein invoked; [ 8 ] Seeing that the interest of justice requires that leave be granted; [ 9 ] THE UNDERSIGNED : [ 10 ] GRANTS the motion to extend the delay for the production of notice of appeal and motion for leave to appeal; [ 11 ] GRANTS the motion to extend the delay to appeal and GRANTS leave to appeal in accordance with the conclusions of both motions. mark schrager , J.A.