2022 QCCA 519, 2022 QCCA 519

Kaulins-Plaskacz c. Pine & Birch Ranch and Rentals Inc. 2022 QCCA 519 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-700038-219 ( 550-17-010085-171 ) MINUTES OF HEARING DATE: April 13, 2022 THE HONOURABLE MARTIN VAUCLAIR, J.A.

APPELLANT COUNSEL ILZE LAIMA KAULINS-PLASKACZ, in her capacity as executor of the late I hor “J ohn ” P laskacz Mtre DANI ANN ROBICHAUD Mtre ISABELLE TESSIER ( La boîte juridique ) By videoconference RESPONDENTS COUNSEL PINE & BIRCH RANCH AND RENTALS INC. 167957 CANADA INC. (also known as SOUTHRIDGE DEVELOPMENTS) The PLASKACZ family trust ABSENTS AND UNREPRESENTED TODD PLASKACZ Mtre Anthony Paul Robert ( Anthony Paul Robert, Avocat / Lawyer ) By videoconference IMPLEADED PARTIES REMAX QUEBEC OUEST INC. John plaskacz services inc. wayne johannsen ABSENTS AND UNREPRESENTED

DESCRIPTION: Motion for extention of time to file a brief (Todd Plaskacz) (Section 373 C.c.p .). Motion for extention of time to file a brief (P ine & Birch Ranch and Rentals inc., 167957 Canada inc. (also known as Southridge Developments) and the Plaskacz Family Trust ) (Section 373 C.c.p .). Clerk at the hearing : René Gutknecht Courtroom: RC-18 HEARING 10:13 Commencement of the hearing.

Identification of counsel. 10:14 Discussion between the Court and the counsel. 10:17 Discussion between the Court and the counsel on the motion signed by Mtre Allali. 10:18 Submissions by Mtre Robichaud on filing a motion to disqualify Mtre Robert. 10:22 Submissions by Mtre Robert on the motion signed by Mtre Allali.. Submissions by Mtre Robert on his motion. 10:24 Submissions by Mtre Robichaud on the motion by Mtre Robert. 10:27 Submissions by Mtre Robichaud on the motion signed by Mtre Allali. 10:30 Reply by Mtre Robert.

Recess of the hearing. 10:43 Resumption of the hearing. 10:44 BY THE JUDGE: Judgment – see page 4. 10:46 Conclusion of the hearing. René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] I am seized with two applications. One by the respondent companies presented and signed by former attorneys Alali Brault. The second application is presented by respondent Todd Plaskacz personally and now represented by Mtre Robert. [ 2 ] Both applications seek extension of time to file their respective briefs.

Appellant’s brief was filed on January 21, 2022. [ 3 ] That said, on March 11, 2022, the Court granted the appellant’s motion to have attorneys Allali Brault disqualified and it so ordered. The Court appointed directors to respondent companies active in the file at that point, for the sole and limited purpose to appoint independent lawyers to represent each company and within thirty (30) days of the judgment.

This delay has expired and there is no sign of the companies’ representation in the file. [ 4 ] Mtre Robichaud said that the appellant will be asking for the disqualification of Mtre Robert as well, but exceptionally accepted that he represents respondent Plaskacz for the purpose of today’s application only. Seeing the motion by respondent Plaskacz, the appellant argued that it does not satisfy the applicable criteria and should be dismissed. [ 5 ] Seeing the circumstances and the file before me, I disagree.

FOR THE FOREGOING REASONS, THE UNDERSIGNED: [ 6 ] GRANTS the application by respondent Todd Plaskacz for the extension of time to file his brief; [ 7 ] ORDERS that respondent Todd Plaskacz files his brief on May 25, 2022, at the latest;

[ 8 ] DISMISSES the application by the respondent companies; [ 9 ] THE WHOLE with judicial costs to follow. MARTIN VAUCLAIR, J.A.