2019 QCCA 660, 2019 QCCA 660

Manssor c. Director of Criminal and Penal Prosecutions 2019 QCCA 660 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006869-182 (750-01-046368-153) MINUTES OF THE HEARING DATE: April 10, 2019 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONER NICOLAS LEMYRE-COSSETTE IN PERSON RESPONDENT KASHIF MANSSOR ABSENT IMPLEADED PARTY COUNSEL DIRECTOR OF CRIMINAL AND PENAL PROSECUTIONS Mtre maxime hebrard (Directeur des poursuites criminelles et pénales) DESCRIPTION: Application to cease representing a party Clerks: Alya Elisio and Mélanie Camiré Courtroom: RC.18

HEARING 9: 43 Commencement of the hearing. Identification of counsel. Mr. Kashif Manssor is absent at this morning’s hearing. Exchanges between the judge and Mtre Nicolas Lemyre-Cossette. 9 : 45 Mtre Maxime Hébrard does not contest the motion. 9: 46 Exchanges between the judge and Mtre Lemyre-Cossette. BY THE JUDGE: Judgment- see page 3. End of hearing. (s)Alya Elisio and Mélanie Camiré Clerks BY THE JUDGE JUDGMENT [ 1 ] WHEREAS M e Nicolas Lemyre-Cossette, the attorney of record for the appellant Kashif Manssor, has filed a motion to cease representing Mr.

Manssor. [ 2 ] CONSIDERING that the appellant is absent from the hearing; [ 3 ] CONSIDERING that the applicant states that a warrant has been issued for the arrest of Mr.

Manssor; [ 4 ] CONSIDERING the explanation offered by the applicant of his inability to contact the appellant since February 25, 2019; [ 5 ] CONSIDERING the applicant declares that on or about February 25, 2019, he informed the appellant by telephone that the appellant should surrender himself into custody but he refused to do so and abruptly ended the communication; [ 6 ] CONSIDERING the applicant’s assertion that the bond of trust between himself, as counsel, and his client no longer exists; [ 7 ] CONSIDERING that appellant’s present address is unknown; [ 8 ] CONSIDERING the email communications sent by the applicant to an address bearing the appellant’s name, dated February 22, 2019 and March 20, 2019, in which the applicant stated his intention to proceed with this motion; [ 9 ] CONSIDERING that the motion is not contested by the Crown.

FOR THE FOREGOING REASONS , the undersigned: [ 10 ] GRANTS the motion; [ 11 ] AUTHORIZES the applicant M e Nicolas Lemyre-Cossette to cease representing the appellant Kashif Manssor; [ 12 ] DIRECTS the Registry of the Court to send a copy of this judgment to Kashif Manssor’s last known email addresses. NICHOLAS KASIRER , J.A.