2016 QCCA 1424, 2016 QCCA 1424

Droit de la famille — 162283 2016 QCCA 1424 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026206-169 (500-12-328819-150) MINUTES OF THE HEARING DATE: September 6, 2016 THE HONOURABLE NICHOLAS KASIRER, J.A. APPELLANT ATTORNEY C. M. Mtre MURIEL LIBRATI ( Teitelbaum Librati ) RESPONDENT ATTORNEY S. R. SELF-REPRESENTED By telephone communication DESCRIPTION: Application to extend the time limits to file the memorandum in appeal as per the fixed

schedule dated August 26, 2016 (art. 376 C.C.P .) Clerk: Annabel David Courtroom: RC-14

HEARING 9 : 43 Commencement of the hearing and identification of the parties. 9 : 44 Representation of Mtre Librati. 9 : 47 Representation of Mr. R.. Exchanges between Mr. R. and the judge. 9 : 54 Exchanges between Mtre Librati and the judge. 9 : 57 Exchanges between Mr. R. and the judge. 10 : 03 Mr. R. mentions he would prefer to receive communications by registered mail as opposed to by email. 10 : 03 BY THE JUDGE : Judgment – page 3. 10 : 06 Conclusion of the hearing. (

s) Annabel David Clerk BY THE JUDGE JUDGMENT [ 1 ] C. M. asks for permission to extend the time limit to file her memorandum in appeal. Her attorney, states, on oath on office, that she communicated with the respondent on August 12, 2016 to inform him that because of the difficulty in obtaining the services of a bilingual stenographer, the transcripts were not, at that time available. At the hearing, she indicated to me that the transcripts will be available on or about September 15, 2016. [ 2 ] The respondent contests the motion.

He says that the appellant is unfairly seeking to delay the hearing of the appeal as a means of precluding the Swiss authorities from proceeding with the application for divorce filed in that country in 2015. [ 3 ] The respondent is correct that the parties must proceed with the prosecution of their appeal with all due dispatch.

I am satisfied, however, with the explanations offered by the appellant given the necessity of obtaining transcripts for the purposes of preparing written argument. [ 4 ] Accordingly, the dates previously fixed for the production of the parties’ respective memoranda will be adjusted, and the date of the hearing will, perforce, be rescheduled. [ 5 ] I note concerns expressed by the respondent that the matter be resolved as soon as possible for the purposes of rescheduling by the master of the rolls. I note too his stated preference that communications with him be by registered mail.

The hearing should be fixed at an early date, allowing, of course, enough time for the Court to prepare for the appeal once the written arguments have been filed. FOR THE FOREGONG REASONS , the undersigned: [ 6 ] GRANTS the motion in part; [ 7 ] ORDERS the appellant to file her memorandum of fifteen (15) pages no later than October 20, 2016 at 4:30 p.m.; [ 8 ] ORDERS the respondent to file his memorandum of fifteen (15) pages no later than November 30, 2016 at 4:30 p.m.;

NICHOLAS KASIRER , J.A. [ 9 ] REFERS the file to the master of the rolls so that he fixes a new date for the hearing of the appeal to be held at the earliest possible occasion.