Hu c. Montréal (Office municipal d'habitation de) 2013 QCCA 1666 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023483-134 ( 500-80-023643-126 ) MINUTES OF THE HEARING DATE: September 27, 2013 MTRE JULIE DEVROEDE, DEPUTY CLERK PETITIONER ATTORNEY HONG ZHI HU In person RESPONDENT ATTORNEY OFFICE MUNICIPAL D'HABITATION DE MONTRÉAL Mtre Mélanie Chaperon (ABSENT) MOTION TO EXTEND THE APPELLANT'S DELAY TO FILE HIS FACTUM Clerk: Annick Nguyen Court Room: RC.18

HEARING 9:00 Commencement of the hearing. Given that Mtre Chaperon does not contest the motion, she was excused from appearing in Court this morning. 9:01 Submission by M. Hu. 9:03 BY THE DEPUTY CLERK. Judgment – See page 3. Annick Nguyen Clerk JUDGMENT [ 1 ] I am seized with appellant's second motion to extend the delay to file his factum. [ 2 ] On May 6, 2013, appellant's first motion to extend was granted in part by the undersigned and the delay to file his factum was extended until October 1st, 2013. Recently, the appellant was advised that the respondent would present a motion to dismiss the appeal.

Therefore, he asks that the delay be extended so that he does not spend valuable time and resources preparing a factum that would become useless in the event that the Court grants respondent's motion and dismisses the appeal. [ 3 ] Counsel for the respondent has advised the Court that she does not oppose appellant's motion and will shortly file a motion to dismiss the appeal, to be presented to a panel of the Court on December 16, 2013. [ 4 ]

Article 503 C.C.P. provides that the delay to file appellant's factum starts anew from the judgment of the Court on a motion to dismiss the appeal. [ 5 ] Given the circumstances, it is reasonable that the delay be extended until the judgment of the Court on respondent's motion to dismiss the appeal. FOR THESE REASONS: [ 6 ] The motion is granted; [ 7 ] The delay to file appellant's factum is extended until the judgment of the Court on the motion to dismiss the appeal, to be presented on December 16, 2013. [ 8 ] Without costs. JULIE DEVROEDE, Deputy clerk