2014 QCCA 2097, 2014 QCCA 2097

Chénard c. Michalakopoulos 2014 QCCA 2097 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500- 09-023451-131 (500-17-062321-107) MINUTES OF THE HEARING DATE: November 3, 2014 CORAM: THE HONOURABLES JACQUES DUFRESNE , J.A. MANON SAVARD , J.A. JEAN-FRANÇOIS ÉMOND , J.A. APPELLANT / INCIDENTAL RESPONDENT COUNSEL DANIEL CHÉNARD, en sa qualité de syndic ad hoc du BARREAU DU QUÉBEC Mtre daniel chénard RESPONDENT / INCIDENTAL APPELLANT COUNSEL PETER MICHALAKOPOULOS in person IMPLEADED PARTY COUNSEL

LE TRIBUNAL DES PROFESSIONS LOUISE PROVOST RÉMI BOUCHARD ROBERT MARCHI NANCY J. TRUDEL In appeal from a judgment rendered on March 1, 2013, by the Honourable Madam Justice Chantal Masse, of the Superior Court, District of Montreal. NATURE OF THE APPEAL : Professions –disciplinary law –judicial review Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 10: 28 Commencement of the hearing. A certificate of abandonment of an incidental appeal has been delivered by the Clerk of the Court .

A certificate of foreclosure has been delivered by the Clerk of the Court concerning the default of the appellant to produce his factum on the incidental appeal. The certificate of abandonment of appeal is dated November 11, 2013. 10: 28 Representations by Mr. Peter Michalakopoulos on his request to be allowed to respond to appellant’s oral arguments. 10: 36 Representations by Mtre Daniel Chénard on the request of Mr. Michalakopoulos. 10: 37 Reply by M.

Michalakopoulos. 10: 38 Suspension. 11: 01 Resumption. 11: 01 BY THE COURT: Unanimous judgment rendered by the Honourable justice Jacques Dufresne – see page 3. 11: 05 Suspension. 11: 22 Resumption. 11: 22 Submissions by Mtre Daniel Chénard. 12: 17 End of arguments. 12: 17 Suspension. 12: 29 Resumption. 12: 29 The Court asks a question to Mtre Daniel Chénard. 12 : 30 Answer by Mtre Daniel Chenard. BY THE COURT: The case is continued November to 7, 2014, 9 h 30. The parties are not required to attend the hearing. 12 h 31 Conclusion of the hearing.

Marcelle Desmarais Clerk BY THE COURT JUDGMENT On the oral request of the respondent to be allowed to respond to appellant’s oral arguments: [ 1 ] On April 12, 2013, a judge of this Court gave leave to appeal from the judgment rendered by the Superior Court, on March 1 st , 2013. [ 2 ] On April 22 nd , 2013, the respondent filed a written appearance and lodged an incidental appeal.

The respondent never filed his factum to answer the Appellant's factum, which was filed on August 8, 2013. [ 3 ] On November 13, 2013, the respondent was duly informed that a certificate of foreclosure has been issued on November 11, 2013 by the Clerk of the Court and that his incidental appeal was deemed abandoned pursuant to

article 505 C .C.P. and

section 55 of the Rules of the Court of Appeal in Civil Matters. [ 4 ] Since that date, the respondent has never filed a motion to be relieved of his default to file a factum. [ 5 ] At the hearing, the respondent requested orally to be allowed to respond to appellant's oral arguments. [ 6 ] The Court is of the view that the respondent failed to provide any valid explanation of his default. [ 7 ] Furthermore, the oral motion made on the day of the hearing does not meet the requirements of

article 505 C .C.P. [ 8 ] Therefore, the respondent's motion is DISMISSED , costs to follow the outcome of the appeal. JACQUES DUFRESNE, J.A. MANON SAVARD, J.A.

JEAN-FRANÇOIS ÉMOND, J.A.