2021 QCCA 982, 2021 QCCA 982
Opinion
Droit de la famille — 211074 2021 QCCA 982 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027996-180 ( 500-12-322584-149 ) MINUTES OF HEARING DATE: June 10, 2021 CORAM: THE HONOURABLE MARTIN VAUCLAIR, J.A. ROBERT M. MAINVILLE, J.A. PATRICK HEALY, J.A. APPELLANT / INCIDENTAL RESPONDENT COUNSEL s. I. Mtre andrew h. heft ( Heft Droit de la Famille ) By videoconference RESPONDENT / INCIDENTAL APPELLANT COUNSEL e. h.
Mtre joseph neudorfer ( Sarna Neudorfer ) By videoconference On appeal from a judgment rendered on November 15, 2018 by the Honourable Marc St-Pierre of the Superior Court , District of Montreal . NATURE OF THE APPEAL: Divorce – Accessory measures – Incidental appeal. Application to file amendment to expose (art. 377 C.C.P. ). Clerk at the hearing : Lesly Ramos Courtroom: Antonio-Lamer HEARING
9:32 Commencement of the hearing. Discussion between the Court and counsel concerning the motion of Mtre Heft to file amendment to expose. Mtre Heft ask the permission to modify the expose and ask that submission 3 on the issue be replaced with a new submission. Mtre Neudorfer objects to the motion and requests that the amendment to replace submission 3 not be allowed, offering as an alternative that the hearing be postponed to allow him to properly respond to the new submission and to continue with the remaining issues today. 9:41 Recess of the hearing. 9:44 Resumption of the hearing.
BY THE COURT: Judgment on the motion to file amendment to expose – See page 4. 9:45 The Court allowed Mtre Heft to argue ground number 3.
Submissions by Mtre Heft. 9:59 Questions by the Court and responses by Mtre Heft. 10:04 Submissions by Mtre Neudorfer. 10:13 Question by the Court and response by Mtre Neudorfer. 10:15 Mtre Neudorfer resumes his submissions. 10:23 Questions by the Court and response by Mtre Neudorfer. 10:28 Mtre Neudorfer resumes his submissions. 10:44 Reply by Mtre Heft. 10:52 Question by the Court and response by Mtre Heft. 10:56 Mtre Heft resumes his reply. 10:59 Reply by Mtre Neudorfer concerning the incidental appeal. 11:01 BY THE COURT: The case is taken under advisement. Conclusion of the hearing.
Lesly Ramos, Clerk at the hearing
JUDGMENT [ 1 ] For reasons that will be filed in the Court record at a later date. THE COURT: [ 2 ] GRANTS the motion to file amendment to expose. [ 3 ] THE WHOLE , legal costs to follow. MARTIN VAUCLAIR, J.A. ROBERT M. MAINVILLE, J.A. PATRICK HEALY, J.A.
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