2014 QCCA 1821, 2014 QCCA 1821

Droit de la famille — 142464 2014 QCCA 1821 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024716-144 ( 540-12-017495-128 ) MINUTES OF THE HEARING DATE: September 29, 2014 CORAM: THE HONOURABLES NICHOLAS KASIRER , J.A. JACQUES J. LEVESQUE , J.A. CLAUDE C. GAGNON , J.A. PETITIONER COUNSEL T. L. Mtre VIRGINIE PAQUET RESPONDENT COUNSEL P. Z. Mtre ANNE-France GOLDWATER ( Goldwater, Dubé ) In appeal from an interlocutory judgment rendered on August 4, 2014 by the Honourable Mr. Justice André Prévost of the Superior Court, District of Laval

DESCRIPTION : Motion for special leave to appeal and suspension of execution of judgment (Articles 29, 494, 511 and 523 C.C.P.) Clerk: Nadia Samy Courtroom: Pierre-Basile-Mignault HEARING 12:23 Commencement of the hearing. 12:24 Submissions by Mtre Paquet. 12:38 Submissions by Mtre Goldwater. 13:07 Rebuttal by Mtre Paquet. 13:10 Recess. 13:17 Resumption. Judgment – see page 3. 13:26 End of the hearing. Clerk BY THE COURT JUDGMENT [ 1 ] T.

L. asks for special leave to appeal from an interlocutory judgment of the Superior Court, District of Laval (the Honourable André Prévost), rendered on August 4, 2014, which declared the firm Angelopoulos, Kiriasis s.e.n.c. to be disqualified from representing the petitioner in the ongoing divorce proceedings between the parties. [ 2 ] The lateness in bringing the appeal was the result of a technical problem associated with a fax machine. The respondent does not contest the petitioner’s submission that this constituted an instance of impossibility to act sooner.

The Court agrees. [ 3 ] The petitioner must nevertheless show that the proposed appeal meets the requirements of articles 29 and 511 C.C.P and that it would have a reasonable prospect of success. [ 4 ] We are of the view that, in ordering the law firm’s disqualification, the judgment orders something that cannot be remedied by the final judgment (art. 29, para. 1 C.C.P.). [ 5 ] Moreover, the context in which the order is made has convinced us that the pursuit of justice requires that leave be granted. [ 6 ] Finally, the motion as presented is not without a reasonable prospect of success. [ 7 ] The Court will proceed with the case management on the accelerated roll.

FOR THE FOREGOING REASONS, THE COURT: [ 8 ] GRANTS the motion for special leave to appeal;

[ 9 ] ORDERS the suspension of proceedings in first instance; [ 10 ] ORDERS the appellant, after having served a copy upon the respondent, to file in the office of the Court, no later than November 14, 2014 , five copies of a written argument not exceeding 15 pages , of the exhibits that would normally have made up schedules I, II and III of his factum and of his authorities; [ 11 ] ORDERS the respondent, after having served a copy upon the appellant, to file in the office of the Court, no later than December 22, 2014 , five copies of a written argument not exceeding 15 pages , of his supplementary documents and of his authorities; [ 12 ] ORDERS the parties to present their written arguments on 21.5 cm X 28 cm (8 ½ X 11 in.) paper, with line spacing of at least 1.5 lines (except in the case of quotations, which must be single-spaced and indented), and the computer-prepared text shall be in 12- point type, with no more than 12 characters per 2.5 cm, the use of the font ARIAL-12 being strongly recommended; [ 13 ] ORDERS that the documents filed by the parties carry a continuous pagination or tabs, a front cover and a general table of contents; [ 14 ] DEFERS the file to the Master of the rolls to determine the date of a hearing of 90 minutes in duration (45 minutes for each party); [ 15 ] THE WHOLE , costs to follow.

NICHOLAS KASIRER, J.A. JACQUES J. LEVESQUE, J.A. CLAUDE C. GAGNON, J.A.