2016 QCCA 346, 2016 QCCA 346

Droit de la famille — 16399 2016 QCCA 346 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025893-165 (760-12-022774-123) MINUTES OF THE HEARING DATE: February 22, 2016 CORAM: THE HONOURABLE ALLAN R. HILTON , J.A. ROBERT M. MAINVILLE , J.A. ÉTIENNE PARENT , J.A. PETITIONER A. A. IN PERSON RESPONDENT D. K. Mtre ANA MARIA ZULUAGA DESCRIPTION : Application for leave to appeal after the expiry of time limit from a judgment rendered on August 27, 2015 of Mr. Justice Pierre Béliveau of the Superior Court, District of Beauharnois Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault

HEARING 14:01 Commencement of the hearing. Identification of counsel. 14:01 Submissions by Mr. A.. 14:09 Submissions by Mtre Zuluaga. 14:15 Recess. 14:34 Resumption of the hearing. 14:34 By the Court: judgment – see page 3. 14:43 Conclusion of the hearing. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The motion before us seeks leave to appeal an interlocutory judgment rendered on August 27, 2015 by Mr. Justice Béliveau, ordering the petitioner to pay a provision for costs in the amount of $10,000 in the context of his appeal of a judgment by which Mr.

Justice Béliveau had declared him a vexatious litigant in the Superior Court. [ 2 ] The appeal from the latter judgment was allowed with costs on October 30, 2015, and the application to have him declared a vexatious litigant in the Superior Court was dismissed. [ 3 ] In light of the foregoing, the Court considers appropriate that leave be granted and the provisional execution of the judgment ordering the payment of such sum of $10,000 be suspended. [ 4 ] The Court is furthermore satisfied with the explanation for the present motion having been made beyond the applicable time limit.

FOR THESE REASONS, THE COURT: [ 5 ] GRANTS leave to appeal the judgment rendered on August 27, 2015, ordering a provision for costs; [ 6 ] SUSPENDS the provisional execution of the aforesaid judgment; [ 7 ] ORDERS the continuation of proceedings in first instance; [ 8 ] The whole with legal costs to follow suit; [ 9 ] ACKNOWLEDGES the discontinuance of the petitioner's appeal from the judgment of Madam Justice Gibeau, dated January 14, 2016 (500-09-025895-160), thereby leaving only the incidental appeal of the respondent to be adjudicated by the Court; [ 10 ] PLACES the case on the role of July 4, 2016 for a 30 minute hearing (15 minutes for each party); [ 11 ] ORDERS the appellant, after having notified a copy upon the respondent, to file in the office of the Court, no later than March 24, 2016 , five copies of a written argument not exceeding 10 pages.

All documents necessary for the adjudication of the appeal (judgment under appeal, pleadings, excerpts from depositions, etc.) shall be attached; [ 12 ] ORDERS the respondent, after having notified a copy upon the appellant, to file in the office of the Court, no later than April 28, 2016, five copies of a written argument not exceeding 10 pages and of his supplementary documents; [ 13 ] REMINDS the parties of

article 376 C.C.P . and 55 of the Civil Practice Regulation , which reads as follows: 376. The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension. A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal.

55. Format. The memorandum shall include a title page, a table of contents and be paginated consecutively. The provisions relating to briefs (including the final requirements) apply to memoranda with the necessary adaptations. ALLAN R. HILTON, J.A. ROBERT M. MAINVILLE, J.A. ÉTIENNE PARENT, J.A.