2016 QCCA 146, 2016 QCCA 146

SPCA Montérégie c. Langelier 2016 QCCA 146 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005801-152 (505-36-001720-145) MINUTES OF THE HEARING DATE: January 14, 2016 THE HONOURABLE NICHOLAS KASIRER, J.A. APPELLANT ATTORNEY SPCA MONTÉRÉGIE Mtre SOUDEH MOHAMMAD ALIKHANI (Hutchins Légal Inc.) RESPONDENT ATTORNEY JOSIE LANGELIER absente IMPLEADED PARTY ATTORNEY S/D ERIC GAGNÉ ELEVAGE SA Mtre PASCAL MARCHI (Absent) ( Bélanger, Sauvé SENCRL) DESCRIPTION: Motion by the appellant for extension of delay to produce factum Clerk: Shirley Thomas Courtroom: RC-18

HEARING 10 : 05 Commencement of the hearing. The application is not contested. Counsels are exempted from attending the Court. 10: 07 By the Court: Judgment – see page 3. 10 h 10 Conclusion of the hearing. SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] The appellant SPCA Montérégie seeks an extension of the time limit within which it must produce its factum in its appeal of a judgment of the Superior Court rendered on December 18, 2014.

Leave was granted on February 4, 2015. [ 2 ] The appellant has previously obtained an extension; the factum is currently due on January 25, 2016 and, by this motion, it seeks a further extension of 30 days. [ 3 ] As grounds, appellant observe that it unexpectedly was required to change counsel and that recent amendments to the law have required more extensive research that anticipated. [ 4 ] The respondent does not contest the motion. *** [ 5 ] Insofar as the Code of Civil Procedure applies to this matter as suppletive law, I note that

article 833, para. 3 of the new C.C.P ., CQLR, c. C-25.01, provides that “in appeal, time limits for preparing the appeal record continue to apply to cases already in appeal / en appel, les délais relatifs à la constitution du dossier continuent de s’appliquer à l’égard des affaires déjà portées en appel”. [ 6 ] Whether this provision serves as basis for the application of the power of a judge in chambers to extend time limits under

article 503.1 of the former C.C.P ., CQLR, c. C-25, or instead whether that power originates in

article 373, para. 3 of the new C.C.P ., is of little practical importance. Both rules allow that a judge in chambers has the power to extend a time limit by 30 days, as requested here, if the judge is of the view that the extension serves the interest of justice. Because of the change in counsel and the most recent amendments to the law relating to property in animals, I am of that view here. [ 7 ] FOR THE FOREGOING REASONS , the undersigned: [ 8 ] GRANTS the motion; [ 9 ] EXTENDS the time limit to file the appellant’s factum until February 25, 2016; [ 10 ] Without legal costs. NICHOLAS KASIRER , J.A.