2023 QCCA 1080, 2023 QCCA 1080

Droit de la famille — 231494 2023 QCCA 1080 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-700179-237 ( 550-04-022146-225 ) MINUTES OF 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: August 22, 2023 THE HONOURABLE PATRICK HEALY, J.A. APPLICANT COUNSEL A. L.

Mtre VÉRONIQUE ALLAIRE ( Les Associés Avocats, LHRA ) By videoconference RESPONDENT COUNSEL T. S. Mtre Rémy Cuda ( Centre communautaire juridique de L'Outaouais ) By videoconference DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of the proceeding on August 3 2023 by the Honourable Pierre Dallaire of the Superior Court , District of Gatineau (Arts. 31 and 357 C.C.P. ) . Motion to suspend provisional execution (Art. 660 C.C.P. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:30 Commencement of the hearing. Identification of counsel. Preliminary remarks.

Case management. 10:11 Submissions by Mtre Cuda. 10:28 Submissions by Mtre Allaire. 10:42 BY THE JUDGE: Judgment will be rendered in the course of the day or tomorrow. The minutes of the hearing will be sent to the parties when available. 10:43 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 petitioner seeks leave to appeal against a judgment of the Superior Court [1] that granted periods of unsupervised custody of a child of less than two years to the father who has an untreated condition of chronic addiction to alcohol.

She also seeks a stay of that judgment pending appeal. The central question in this matter is whether such custody is in the best interests of the child. [ 2 ] The severity of the father’s addiction is not resolved at this time but there is no doubt that this condition exists. For as long as it remains unresolved and untreated there is a risk that is inconsistent with the child’s best interests. That risk is self-evident.

FOR THESE REASONS the undersigned: [ 3 ] GRANTS the application for leave to appeal; [ 4 ] GRANTS the motion to suspend provisional execution of the judgment of the Superior Court pending appeal; [ 5 ] SCHEDULES the appeal for a hearing on November 24 2023 , in courtroom Pierre-Basile-Mignault, at 9:30 a.m., for a duration of 60 minutes, namely 30 minutes for the appellant and 30 minutes for the respondent; [ 6 ] ORDERS the appellant to file with the Court office, no later than September 19 2023 , five copies of a memorandum comprising an argument not exceeding 10 pages and the three schedules set out in ss. 51 and 58 R.C.A.Q.Civ.M. , after having notified a copy thereof to the parties having filed a representation or non-representation statement (ss. 55 para. 2 and 58 R.C.A.Q.Civ.M. ); [ 7 ] ORDERS the respondent to file with the Court office, no later than October 19 2023 , five copies of a memorandum comprising an argument not exceeding 10 pages and, if necessary, elements in addition to those in the appellant’s schedules (ss. 47 and 58 R.C.A.Q.Civ.M. ), after having notified a copy thereof to the appellant and to the parties having filed a representation or non- representation statement (ss. 55 para. 2 and 58 R.C.A.Q.Civ.M. ); [ 8 ] REMINDS the parties about the rule set out in art. 376 C.C.P. : 376.

The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension. A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal. [ 9 ] REMINDS the parties that, in accordance with s. 13 R.C.A.Q.Civ.M. , they must send to the Court office a technological version of the paper version of their memoranda.

The preparation and transmission of this technological version are governed by the Chief Justice's Directive entitled "Rules Respecting the Preparation of the PDF Version of Pleadings, Briefs, Memoranda, Books of Authorities or Any Other Document" and the Clerk's Practice Direction No. 7 entitled "Transmission of the PDF Version of Certain Pleadings, Briefs, Memoranda and Other Documents by Means of the Digital Office of the Court of Appeal (DOCA)"; [ 10 ] THE WHOLE without legal costs. PATRICK HEALY, J.A.