2013 QCCA 1750, 2013 QCCA 1750

Boucher c. Richard 2013 QCCA 1750 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023725-138 (505-17-005663-119) MINUTES OF THE HEARING DATE: October 7, 2013 CORAM: THE HONOURABLE MARIE-FRANCE BICH, J.A. GUY GAGNON, J.A. MANON SAVARD, J.A. APPELLANT ATTORNEY MARIO BOUCHER Mtre Katherine Tsetsos RESPONDENT ATTORNEY DONALD RICHARD Mtre Marilou Lévesque CHABOT

Motion to dismiss the appeal from a judgment rendered on June 14, 2013 by the Honourable Madam Justice Sophie Picard of the Superior Court, District of Longueuil. Motion to produce an additional statement in order to amend the inscription in appeal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 12 h 44 Commencement of the hearing.

On the motion to produce an additional statement in order to amend the inscription in appeal : 12 h 44 Submissions by Mtre Tsetsos. 12 h 56 Submissions by Mtre Lévesque. 13 h 02 Reply by Mtre Tsetsos. 13 h 07 Recess. 13 h 29 Resumption of the hearing. 13 h 29 Exchanges between the Court and Mtre Tsetsos. 13 h 37 Exchanges between the Court and Mtre Lévesque. 13 h 38 Recess. 14 h 44 Resumption of the hearing. 14 h 44 By the Court; judgment – see next page. 14 h 51 Conclusion of the hearing.

Robert Osadchuck Clerk BY THE COURT JUDGMENT On the motion to produce an additional statement in order to amend the inscription in appeal: [ 1 ] Considering articles 496 C.C.P . and 2881 C.C.Q ., the Appellant will be authorized to raise the following additional ground of appeal, as described in his motion: partial prescription of the debt at stake. [ 2 ] Needless to say, the Respondent shall be entitled to challenge this argument on the merits, in particular on the basis of the following judgments of our Court: Droit de la famille – 111505 , 2011 QCCA 980 , para. 121 ; Penterman v. Ranger , 2013 QCCA 729 ,

para. 2 , Bernèche v. Carra , 2008 QCCA 596 , para. 26 . FOR THESE REASONS, THE COURT: [ 3 ] GRANTS the motion, without costs; [ 4 ] AUTHORIZES the Appellant to serve and file, no later than October 18, 2013, 4:30PM, an amended inscription in appeal detailing his additional ground of appeal (prescription). On the motion to dismiss the appeal [ 5 ] Considering the judgment above, the Respondent is not in a position to present his motion, which may also need to be amended.

FOR THESE REASONS, THE COURT: [ 6 ] AUTHORIZES the Respondent, should he choose to do so, to amend his motion to dismiss the appeal; [ 7 ] POSTPONES the hearing of the motion to dismiss the appeal to December 2 nd , 2013 in room Antonio-Lamer. MARIE-FRANCE BICH, J.A. GUY GAGNON, J.A. MANON SAVARD, J.A.