2014 QCCA 1976, 2014 QCCA 1976

Konstantakakos c. Stamatakos 2014 QCCA 1976 COURT OF APPEAL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTRÉAL No: 500-09-024525-149 (500-17-076453-136) MINUTES OF HEARING DATE : October 30, 2014 Mtre ANNICK NGUYEN , Assistant-Clerk APPELANT EVANGELOS KONSTANTAKAKOS ABSENT RESPONDENTS ATTORNEY DIMITRIOS STAMATAKOS CHRISTOS KONSTAS VOULA ROUMELIOTIS PANAGIOTIS KONTAKOS PANAGIOTIS VOULOUMANOS JOHN PARASKEVAS PANAGIOTIS TSANGARIS STAVROS KAKALETRIS Me jeffrey orenstein absent ( Groupe de droit des consommateurs inc.) IMPLEADED PARTIES ATTORNEY

LACONIAN BROTHERHOOD OF CANADA INC. BILLY BALABANOS Me jeffrey orenstein absent ( Groupe de droit des consommateurs DESCRIPTION : Motion requesting extension of time to submit factum Clerk : Asma Berrak Court room : —— HEARING JUDGMENT – See page 3. Clerk BY THE ASSISTANT-CLERK JUDGMENT [ 1 ] I am seized with a motion to extend appellant’s delay to file his factum for 30 days. The motion was presentable on October 28, 2014, at 9am, in courtroom RC.18. [ 2 ] At 9:02, only the appellant was present and I proceeded to hear his motion. The hearing concluded at 9:04am and the file was taken under advisement.

At 9:10am, I was informed by the clerk that Mtre Orenstein had arrived and wished to contest the motion. Despite his tardiness, I authorized Mtre Orenstein to file a written argument to which the appellant did reply in writing. [ 3 ] The respondent argues that appellant’s motion, having been brought before the clerk, is irregular in that only a judge of the Court has jurisdiction to extend the delay to file appellant’s factum. In support of this contention, the respondent refers to

article 503.1 C.C.P. [ 4 ] With all due respect, I am of the view that

article 509.1 C.C.P. gives the clerk of this Court jurisdiction to hear such a motion: 509.1 The Clerk of the Court of Appeal may hear motions to cease representing a party and attorney substitution motions as well as motions provided for in articles 496, 503.1 and 505. […]

[ 5 ] Considering that the motion was filed on October 23, 2014 at 3:40pm, within the time prescribed by

article 503 C.C.P.; [ 6 ] Considering that the appellant’s attorney ceased representing him on October 21, 2014; [ 7 ] Considering that this is appellant’s first request for an extension of the delay to file his factum [1] ; [ 8 ] Considering that I do not have jurisdiction to rule on whether the appeal was regularly brought nor on its chance of success; FOR THESE REASONS: [ 9 ] The motion is GRANTED without costs and the delay to file appellant’s factum is extended to December 1, 2014. Mtre ANNICK NGUYEN , Assistant clerk [1] Artplus Film TV Production (AFTP) inc. c.

Société de développement des entreprises culturelles , 2013 QCCA 1688 ; Québec (Procureur général) c. Fleury , 2011 QCCA 1209 ; Nikiforos c. Paloukis , 2010 QCCA 1269 ; Droit de la famille - 101697 , 2010 QCCA 1353 ; Manolakos c. R. Gauthier Couvreur inc. , 2010 QCCA 699 ; Gennium Pharmaceutical Products Inc. c. Genpharm ULC , 2009 QCCA 304 .