2019 QCCA 326, 2019 QCCA 326

Droit de la famille — 19251 2019 QCCA 326 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028107-191 (500-04-073612-187) MINUTES OF THE HEARING DATE: February 22, 2019 THE HONOURABLE ALLAN R. HILTON, J.A. APPELLANT COUNSEL B Mtre MARIA RITA BATTAGLIA (Maria R. Battaglia, Avocats) RESPONDENT COUNSEL A Mtre NATACHA CALIXTE Mtre béatrice lalande (Robinson Sheppard Shapiro sencrl) IMPLEADED PARTY COUNSEL ATTORNEY GENERAL OF QUEBEC Mtre ANDRÉA BOIVIN-CLAVEAU (Ministère de la Justice (DGAJLAJ)) DESCRIPTION: Application of the Appellant for permission to introduce new indispensable evidence (art. 380 C.C.P .).

Clerk: Mai Nguyen Courtroom: Antonio-Lamer HEARING 10:14 Commencement of the hearing.

The Judge addresses counsel. 10:16 Mtre Battaglia asks the Judge to defer her client’s motion to the Court. 10:19 Recess. 10:38 Resumption of the hearing. 10:38 Undertaking by Mtre Calixte that the children will not leave until the judgment is rendered on the merits. 10:39 Verbal request by Mtre Calixte for new evidence to introduce in the file the document “Power of attorney signed by Madam B”. 10:42 Mtre Battaglia submits a document 10 :42 Exchanges between the Judge and Mtre Boivin-Claveau (re: emails). 10:44 BY THE JUDGE: judgment – see page 3. 10:48 Conclusion of the hearing.

Mai Nguyen Clerk BY THE JUDGE JUDGMENT [ 1 ] After having taken communication of the proceedings and heard counsel for the parties; THE UNDERSIGNED: [ 2 ] DEFERS all the written and verbal motions of the parties concerning new evidence to the panel of the Court that will hear the appeal; [ 3 ] ORDERS all verbal motions to be reproduced in written form as a

schedule to their written argument; [ 4 ] ACKNOWLEDGES the respondent’s undertaking not to move the children until after the date of the hearing of the appeal on March 14, 2019 (depending on the outcome of the appeal); [ 5 ] ORDERS the appellant, after having notified a copy upon the respondent, to file in the Office of the Court, no later than March 1, 2019, five copies of a written argument not exceeding ten (10) pages.

All documents necessary for the adjudication of the appeal (judgment under appeal, pleadings, excerpts from depositions, etc.) shall be attached; [ 6 ] ORDERS the respondent, after having notified a copy upon the appellant, to file in the Office of the Court, no later than March 7, 2019 , five copies of a written argument not exceeding ten (10) pages and of his supplementary documents; [ 7 ] ORDERS the impleaded party, after having notified a copy upon the appellant and respondent, to file in the Office of the Court, no later than March 12, 2019 , five copies of a written argument not exceeding ten (10) pages and of his supplementary documents; [ 8 ] DIRECTS the parties’ attention to

section 376 C.C.P. and

article 55 of the Civil Practice Regulation , which read 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. [ 9 ] PLACES the case on the role of March 14, 2019 in room Pierre-Basile-Mignault at 2:00 pm, for a hearing of 70 minutes : 30 minutes for each of the appellant and the respondent, including the appellant’s right of reply, plus a maximum of 10 minutes for the impleaded party ; [ 10 ] DIRECTS the parties’ attention to Practice Direction G-3 (last amendment: February 27, 2017) encouraging them to attach a technological version to each paper copy of their brief, memorandum and book of authorities.

Such technological version should preferably be in Word format but may also be in PDF format enabling key-word searches. The USB drive is the format preferred by the Court, but CD / DVD-ROM are also accepted; [ 11 ] THE WHOLE legal costs to follow. ALLAN R. HILTON, J.A.