2012 QCCA 758, 2012 QCCA 758
Opinion
Grey Casgrain c. Pedicelli 2012 QCCA 758 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-004754-105 ( 500-73-002672-067 ) MINUTES OF THE HEARING DATE: April 23, 2012 THE HONOURABLE ALLAN R. HILTON, J.A. PETITIONER ATTORNEYS GREY CASGRAIN Mtre Julius Grey Mtre Simon Gruda-Dolbec GREY CASGRAIN APPELLANT ATTORNEY MARCO PEDICELLI ABSENT RESPONDENT ATTORNEY HER MAJESTY THE QUEEN Mtre Annie Piché MOTION TO CEASE REPRESENTING
Clerk: Annick Nguyen Court Room: RC-18 HEARING 9:29 Commencement of the hearing. Exchange between the judge and counsel. 9:31 Suspension. 10:02 Resumption of the hearing. BY THE JUDGE. Judgment – See page 3. Annick Nguyen Clerk JUDGMENT [ 1 ] The law firm of Grey Casgrain seeks leave to cease representing the appellant Marco Pedecelli, essentially on the basis that he refuses to pay counsel's fees, or make arrangements for such payment. [ 2 ] The matter first came on before me on February 28, 2012. At that time, it was agreed to continue the matter until today in order to determine if Mr.
Pedecelli could secure a Legal Aid mandate. Counsel indicated at that time that he would be prepared to continue acting for Mr. Pedecelli on such a basis. [ 3 ] At the hearing before me today, Mr. Pedecelli was absent. I adjourned the hearing of the motion at the calling of the roll until 10:00am in case Mr. Pedecelli had been detained in traffic or had some other reasons to explain his absence. When the hearing resumed, Mr. Pedecelli was still absent. I was informed that counsel's attempts to contact Mr.
Pedecelli by telephone since February 28 to see if a Legal Aid mandate would be forthcoming had been fruitless. [ 4 ] I am mindful that the hearing of the appeal on the merits is fixed to proceed on June 11 this year. I am also mindful that Mr. Pedecelli has been convicted of serious offences along with other co-accused, and is exposed to a considerable term of imprisonment if his appeal fails.
Nevertheless, as I explained to him in February, he will have the right to present arguments in support of his appeal, or find other counsel who is prepared to do so on his behalf. [ 5 ] The motion of Grey Casgrain to cease representing Marco Pedecelli is accordingly granted. ALLAN R. HILTON, J.A.
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