2023 QCCA 398, 2023 QCCA 398

Droit de la famille — 23408 2023 QCCA 398 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030287-221 ( 500-12-341862-195 ) (500-04-030287-221) MINUTES OF THE HEARING WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). DATE: March 27, 2023 MTRE JULIE BRUNET, DEPUTY CLERK APPELLANT COUNSEL F. M.

Unrepresented By videoconference RESPONDENT COUNSEL H. G. Mtre Niousha Riahi ( Niousha Riahi Avocate ) By videoconference DESCRIPTION: Application to extend the time limit to file a brief (Art. 373 and 378 C.C.P. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18

HEARING 8:55 Commencement of the hearing. Identification of counsel. The deputy clerk addresses to the parties. 8:56 Submissions of Mrs. M.. 8:58 Submissions by Mtre Riahi. 9:06 Questions by the deputy clerk to Mrs. M. and her answers. 9:08 Me Riahi addresses to the deputy clerk. 9:09 Exchanges between the parties concerning the delays. 9:15 Mrs, M. will produce and notify the Attestation concerning the transcripts. 9:16 BY THE DEPUTY CLERK: The judgment will be rendered in the minutes of the hearing and transmitted to the parties as soon as it is available. Conclusion of the hearing.

Mélanie Camiré , Clerk at the hearing JUDGMENT WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). [ 1 ] The appellant seeks an extension to serve and file her memorandum. The application is contested by the respondent. [ 2 ] The appellant is unrepresented. In February 2023, she had a consultation with a lawyer.

She was then informed that any referral to the testimony must be justified with the transcripts. While she is willing to complete her memorandum by herself, she stated that she intends to hire a lawyer very soon for help. [ 3 ] The respondent’s counsel correctly points out that the appellant has never filed the certificate stating that instructions were given to an official stenographer for the transcription of the depositions that she intends to use (section 353 of the Code of Civil Procedure ).

Thus she assumed that no transcription would be necessary for the appeal. [ 4 ] The appellant says that she intends to refer only to the last day of the trial in her memorandum. In addition, she does not have the money to order the transcriptions of the whole trial. Therefore, the stenographer was hired to transcript only one of the four days of the trial. [ 5 ] At the hearing, the respondent’s counsel was concerned by the fact that she might need to order the transcripts of some other hearing dates which would lead into delaying the appeal even more. [ 6 ] The undersigned cannot ignore that possibility.

In the absence of an agreement between the parties regarding the transcripts, we must nevertheless rely on the appellant’s intention to order and use the parts that she considers relevant in her memorandum.

In proper time, if necessary, the respondent could then file for an additional extension. [ 7 ] Considering that the appellant’s memorandum is not ready yet and that the transcripts will be ready around the beginning of May; FOR THESE REASONS, THE UNDERSIGNED: [ 8 ] GRANTS the application; [ 9 ] ALLOWS the appellant to file and notify her memorandum on June 15 th 2023 and the respondent to file and notify their

memorandum on July 27 th 2023, both memorandum thus filed must not exceed 20 pages; [ 10 ] TAKES NOTICE that the appellant will notify and file the transcriptions certificate (section 353 of the Code of Civil Procedure ) within one week from now; [ 11 ] REFERS the files to the Master of the Rolls so that he fixes a new hearing date for the appeal. [ 12 ] COSTS to follow. MTRE JULIE BRUNET DEPUTY CLERK