2013 QCCA 879, 2013 QCCA 879

Liu c. McGill University Non-Academic Certified Association (MUNACA) 2013 QCCA 879 COUR D'APPEL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL N o : 500-09-023380-132 (500-17-074065-122) MINUTES OF THE HEARING DATE: May 13, 2013 THE HONOURABLE MR JUSTICE CLÉMENT GASCON, J.A. PETITIONER JISHENG LIU Absent RESPONDENT ATTORNEY McGILL UNIVERSITY NON-ACADEMIC CERTIFIED ASSOCIATION (MUNACA) Me Guillaume Grenier MELANÇON, MARCEAU, GRENIER & SCIORTINO MOTION TO REQUEST A DEFENCE IN WRITING (Art. 175(3) Code of Civil Procedure )

Clerk : Asma Berrak Court Room : RC.18 HEARING 9 h 30 : Beginning of the hearing. 9 h 30 : Mr Jisheng Liu is absent. 9 h 34 : Suspension of the hearing. 10 h 10 : Resumption of the hearing. 10 h 10 : Conversation between the judge and Mtre Grenier. 10 h 11 : Judgment - see page 3. 10 h 16 : Conclusion of the hearing. Asma Berrak Greffière JUDGMENT [ 1 ] I am informed that Mr. Liu, who is absent in court, presented himself earlier this morning at the " greffe " and indicated that he could not attend the hearing because of a ''panic attack''.

I note that, last Friday, he insisted to proceed today and vehemently opposed Respondent's counsel request for a postponement in view of her unavailability. She delegated an attorney from her firm to be present today because of this. [ 2 ] Under the circumstances, I will therefore deal with the issue, notwithstanding Mr Liu's absence. [ 3 ] The legal basis of Mr. Liu's Motion, namely that Respondent be compelled to argue in writing and not orally its own Motion to dismiss Mr. Liu's appeal, is unknown to the undersigned.

Clearly, it is not within the jurisdiction of the motions judge to rule upon it. [ 4 ] That being so, given the nature of Mr. Liu's Motion and the upcoming hearing of Respondent's Motion to dismiss scheduled for May 27, 2013, the principles of proportionality and the proper management of the Court's docket impose that Mr. Liu's current Motion be referred to the bench who will hear Respondent's Motion to dismiss on May 27, 2013. FOR THESE REASONS THE UNDERSIGNED: [ 5 ] DEFERS Mr.

Liu's present Motion to the bench responsible to the hearing of Respondent's Motion to dismiss on May 27, 2013, in room Pierre-Basile-Mignaut, at 9h30 a.m.; [ 6 ] Costs to follow. CLÉMENT GASCON, J.A.