2017 QCCA 904, 2017 QCCA 904
Opinion
Droit de la famille — 171233 2017 QCCA 904 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026756-171 (500-12-324578-149) MINUTES OF THE HEARING DATE: June 5, 2017 THE HONOURABLE MANON SAVARD, J.A. APPLICANT M. A. IN PERSON RESPONDENT COUNSEL N. E. Mtre eMMANUELLE DE CHAMPLAIN (Aide Juridique de Montréal) On appeal from a rectified judgment rendered on December 2, 2016 by the Honourable Justice Pepita G. Capriolo of the Superior Court, District of Montreal. DESCRIPTION: Application to extend the expiration of the time fixed for instituting an appeal. ( Art. 21(4) of the Divorce Act ) Clerk: Marie Gamelin Courtroom: RC-18
HEARING 9:42 Commencement of the hearing. Introduction of the file by the judge. 9:43 Exchanges between the judge, Mr. M. A. and Mtre Emmanuelle de Champlain. 9:45 Suspension. A copy of the rectified judgment is provided to Mr. A.. 9:46 Resumption. 9:47 Exchanges between the judge and Mr. A.. Submissions by Mr. A.. 10:14 Submissions by Mtre de Champlain. Exchanges between the judge and Mtre de Champlain. 10:23 Exchanges between the judge, Mr. A. and Mtre de Champlain. 10:28 Suspension. 10:32 Resumption. 10:32 Exchanges between the judge, Mr.
A. and Mtre de Champlain. 10:33 BY THE JUDGE: The motion is postponed to June 14, 2017, RC-18 at 9:30 am. Judgment – see page 3. 10:35 Conclusion of the hearing. (
s) Marie Gamelin Clerk BY THE JUDGE JUDGMENT [ 1 ] Pursuant to subsection 21(4) of the Divorce Act , M.A. has filed a motion to extend the time limit within which he may appeal on oral judgment of the Superior Court rendered by default on December 2 nd , 2016.
This judgment pronounced inter alia the divorce of the parties and issued various orders concerning the custody, access and support regarding the children of the marriage, spousal support, the unequal division of the family patrimony and the matrimonial regime. [ 2 ] Living in Turkey since June 2016 and having not attended the case management hearing scheduled before the Superior Court on the same date the judgment of divorce was rendered, M.A. alleges that he only became aware of the judgment on April 1 st , 2017. [ 3 ] During the hearing of his motion to extend the time limit, the parties informed me that they had entered into serious settlement negotiations.
Given verifications required in Turkey with regard to the settlement of the transfer of some properties, they ask additional time to pursue discussions. [ 4 ] In these circumstances and given
article 9 of the Code of Civil Procedure , I am of the view that it is in the best interest of the parties to postpone the hearing of the present motion to allow them to complete the settlement discussions. The parties agree to postpone the hearing of M.A.’s motion to June 14, 2017, in room RC-18. However, if additional time is required to complete the settlement documents, the parties undertook to inform the Court at the latest on June 13, at 4 pm with a view to postponing the hearing again to July 5, 2017 in room Pierre-Basile Mignault, at 9:30 am. FOR THESE REASONS , the undersigned : [ 5 ] POSTPONES the motion to June 14, 2017 in Room RC-18, at 9:30 am.
MANON SAVARD , J.A.
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