2019 QCCA 1329, 2019 QCCA 1329

Droit de la famille — 191558 2019 QCCA 1329 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028199-198 ( 760-04-013118-162 ) MINUTES OF HEARING DATE: August 1, 2019 MTRE JULIE DEVROEDE , DEPUTY CLERK APPELLANT COUNSEL K. B. Mtre Melissa Tozzi ( Azran & Associés avocats inc. ) RESPONDENT COUNSEL A. C. Mtre Serban Mihai Tismanariu IMPLEADED PARTIES KS. D. KS.

D. in her capacity as tutor for the minor child X Absent and unrepresented Directeur de l'état civil Absent and unrepresented DESCRIPTION: Appellant’s Application for postponement of the hearing and extension of the delay to file his memorandum (art. 387 (4) C.C.P. ). Clerk at the hearing : Stephane Robinson Courtroom: RC-18

HEARING 9:02 Commencement of the hearing. Identification of counsel. 9:03 Submissions by Mtre Tozzi. 9:07 Submissions by Mtre Tismanariu. 9:12 Intervention by Mtre Tozzi. 9:13 Mtre Tismanariu agrees to the postponement of the hearing to January 16, 2020. 9:16 Mtre Tismanariu request that the delay to file his memorandum be extended to November 12, 2019, to which Mtre Tozzi agrees. 9:16 Reply by Mtre Tozzi.

Mtre Tozzi agrees, in the event that the depositions are not entirely included in her memorandum, to provide respondent’s counsel with a complete copy of said depositions at the time of serving appellants’s memorandum. 9:17 BY THE DEPUTY CLERK : Judgment will be rendered in the course of the day or no later than Tuesday August 6, 2019 and will be added to the minutes of the hearing – see page 3. 9:17 Conclusion of the hearing.

Stephane Robinson , Clerk at the hearing BY THE DEPUTY CLERK JUDGMENT [ 1 ] Having heard the submissions of both parties; [ 2 ] Considering their availabilities as well as those of the Court; FOR THESE REASONS, the undersigned : [ 3 ] GRANTS the motion, in part; [ 4 ] EXTENDS the delay to serve and file appellant’s memorandum until October 3 rd , 2019; [ 5 ] EXTENDS the delay to serve and file respondent’s memorandum until November 12, 2019; [ 6 ] TAKES NOTE of the commitment undertaken by Mtre Tozzi, in the event that the depositions are not entirely included in her memorandum, to provide respondent’s counsel with a complete copy of said depositions at the time of serving appellant’s memorandum; [ 7 ] STRIKES the case off the roll of November 28, 2019, in the Pierre-Basile-Mignault courtroom; [ 8 ] SETS the case down for hearing on January 16, 2020, at 9:30 a.m., in the Antonio-Lamer courtroom, for a duration of 90 minutes. [ 9 ] Without costs.

MTRE JULIE DEVROEDE DEPUTY CLERK