2018 QCCA 2107, 2018 QCCA 2107
Opinion
Calise c. R. 2018 QCCA 2107 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-006906-182 (500-01-154473-174) MINUTES OF THE HEARING DATE: December 11, 2018 THE HONOURABLE MARTIN VAUCLAIR, J.A. PETITIONER COUNSEL FRANK CALISE Mtre ANTONIO PERFETTO (Antonio Perfetto) RESPONDENT COUNSEL HER MAJESTY THE QUEEN Mtre ROBERT BENOIT (Directeur des poursuites criminelles et pénales) DESCRIPTION: Motion for leave to appeal against the sentence rendered on October 17, 2018 by the Honourable Justice Nathalie Fafard of the Quebec Court, District of Montreal. (Section 675(1)
b) Cr. C ., 21 et seq. R.C.A.C.M. ) Clerk: Mihary Andrianaivo Courtroom: RC.18
HEARING 9:39 Commencement of the hearing. Submissions by Mtre Antonio Perfetto. 9:48 Submissions by Mtre Robert Benoit. 9:50 BY THE JUDGE: Judgment – See page 3. Exchanges between the Judge and Counsel pertaining to the appeal management. 9:53 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the motion and after the hearing, I conclude that leave should be granted.
THEREFORE, THE UNDERSIGNED: [ 2 ] GRANTS the motion for leave to appeal from a judgment on sentence; [ 3 ] PLACES the case on the role of March 15, 2019 in room Pierre-Basile-Mignault at 9:30am, to be pleaded without briefs for a hearing of 60 minutes of duration (30 minutes for each of the parties); [ 4 ] ORDERS the petitioner, after having served a copy upon the respondent, to file at the Office of the Court no later than January 11, 2019 , five copies of the documents that ordinarily constitute Schedules I, II and III of the brief, including the present judgment, a book of authorities and, if applicable, an argument no longer than 10 pages in length; [ 5 ] ORDERS respondent, after serving a copy upon the petitioner, to file at the Office of the Court, no later than February 8, 2019 , five copies of the questionnaire, a book of authorities, and if applicable, an argument no longer than 10 pages in length; [ 6 ] DIRECTS the parties’ attention to Chief Justice’s notice of July 30, 2014, encouraging the filing with their paper version documents a technologic version that must be in PDF or Word format to enable key-word search and stored on a CD/DVD ROM or USB- key.
MARTIN VAUCLAIR , J.A.
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