2012 QCCA 2137, 2012 QCCA 2137
Opinion
Droit de la famille — 123390 2012 QCCA 2137 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022770-127 (500-12-310742-113) MINUTES OF THE HEARING DATE: November 29, 2012 CORAM: THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. PAUL VÉZINA, J.A. DENIS JACQUES, J.A. (AD HOC) APPELLANT ATTORNEY S… I… Mtre Maria Rita Battaglia RESPONDENT ATTORNEYS L… B… Mtre Linda Schachter Mtre Ashley Trainor DEVINE SCHACHTER POLAK
On appeal from a judgment rendered on May 25, 2012 by the Honourable Justice Marie Gaudreau of the Superior Court district of Montreal. Appellant's motion de bene esse for permission to appeal the judgement of the Honourable Justice Marie Gaudreau. NATURE OF THE APPEAL : Provisional measures Clerk: Linda Chau Courtroom: Pierre-Basile-Mignault HEARING 9 h 31 Beginning of the hearing. 9 h 31 Submission by Mtre Batttaglia. 9 h 52 Submission by Mtre Schachter. 10 h 04 Reply by Mtre Battaglia. 10 h 06 Reply by Mtre Schachter. 10 h 07 Suspension of the hearing. 10 h 18 Resumption of the hearing.
BY THE COURT : The appeal is dismissed without costs. Judgment – See page 3. 10 h 20 End of the hearing. Linda Chau Clerk BY THE COURT
JUDGMENT [ 1 ] At this stage, it appears that the request for a counter-expertise is premature. The judge below has correctly stated the applicable principles and has given adequate reasons for her judgment. [ 2 ] The judge who will hear the provisional measures will have the opportunity to hear Dr. Worenklein, to listen to the answers given in cross-examination as well as to all other testimonies and will be in a better position, should Appellant renew her request to file a counter-expertise, to decide whether allowing one is appropriate and also in the best interest of the child.
FOR THESE REASONS, THE COURT : [ 3 ] GRANTS the motion de bene esse for permission to appeal; [ 4 ] DISMISSES the appeal, without costs. NICOLE DUVAL HESLER, C.J.Q. PAUL VÉZINA, J.A. DENIS JACQUES, J.A. (AD HOC)
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