2019 QCCA 2125, 2019 QCCA 2125

Droit de la famille — 192486 2019 QCCA 2125 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No .: 500-09-027996-180 ( 500-12-322584-149 ) MINUTES OF HEARING DATE: December 4, 2019 THE HONOURABLE ROBERT M. MAINVILLE, J.A. APPELLANT/INCIDENTAL RESPONDENT S. I. Present and Unrepresented RESPONDENT/INCIDENTAL APPELLANT M. H.

Present and Unrepresented IMPLEADED PARTIES COUNSEL ATTORNEY GENERAL OF QUEBEC Registrar of civil status Mtre GABRIELLE ROBERT ( Bernard, Roy (Justice-Québec) ) On appeal from a judgment rendered on November 15, 2018 by the Honourable Marc St-Pierre of the Superior Court , District of Montréal . DESCRIPTION: Appellant’s application to extend the time limit for the filing of the memorandum (Art. 373, para. 3 C.C.P. ) Clerk at the hearing : Elisabeth Lepage Courtroom: RC-18 HEARING 9:30 Commencement of the hearing. Identification of the parties. 9:31 Submissions by Ms. I.. Ms.

I. submits an email to the Court. 9:32 Discussion between the Court and Ms. I.. 9:37 Ms. I. tells the Court that she finally received her file yesterday.

9:44 Mr. H. submits to the Court documents concerning file [...]. Discussion between the Court and Mr. H. about those documents. 9:47 Submissions by Mr. H.. Mr. H. makes a verbal application requesting that it be possible to mutually serve all motions by email. 9:52 Mtre Robert has no submissions to make. Discussions between the Court and Mtre Robert. 9:53 Reply by Ms. I.. 9:55 Discussion between the Court and the parties concerning notification by email. 9:57 BY THE COURT: Judgment –see page 3. 10:04 Conclusion of the hearing.

Elisabeth Lepage, Clerk at the hearing JUDGMENT [ 1 ] On December 12, 2018, the appellant filed a notice of appeal with respect to a judgment rendered November 15, 2018 by the Honourable Marc St-Pierre of the Superior Court, district of Montreal, granting a divorce between the parties and settling the allocation of assets between them. On December 18, 2018, the respondent filed a notice of incidental appeal with respect to this same judgment. [ 2 ] On May 28, 2019, the undersigned granted an extension of the time to serve and file the appellant’s memorandum.

The attorneys representing the appellant subsequently withdrew from the file on August 9, 2019. Both parties are now unrepresented. [ 3 ] On September 3, 2019, Bich, J.A. granted the appellant an additional extension and set the following schedule: (

a) the appellant was ordered to file her memorandum by December 19, 2019; (

b) the respondent was allowed to file his memorandum relating to both the appeal and incidental appeal by February 13, 2020; (

c) the appellant was allowed to file her memorandum relating to the incidental appeal by February 28, 2020, and (

d) the impleaded party was allowed to file a memorandum by March 20, 2020. [ 4 ] The appellant now seeks another extension to file her memorandum. The appellant has been aware for many months of the time limits that apply to the preparation of her memorandum. This appeal concerns a family law matter and has now been pending for close to one year without any progress. The delays incurred to date are largely attributable to the appellant’s inaction.

As a result, there will be one further and final extension of time. [ 5 ] I note that the transcripts of the proceedings in first instance have been provided to the parties and that the appellant confirms that she has received all the documents in her file which she requires to prepare her memorandum. The appellant also confirms that she will not be seeking an additional extension of the

schedule set out in this judgment. [ 6 ] At the hearing, the respondent asked that he be allowed to notify his memorandum on the appellant by email. The appellant agreed insofar as email notification could also be used to notify the respondent. A consequential order shall follow. FOR THESE REASONS, THE UNDERSIGNED: [ 7 ] GRANTS in part the appellant’s application for an extension of time and ALLOWS the appellant to file and notify her memorandum (principal appeal) at the latest February 19, 2020, said memorandum not to exceed 20 pages; [ 8 ] ALLOWS the other parties to file and notify their memorandum on the following dates, respectively: (

a) for the respondent/incidental appellant: April 16, 2020; (

b) for the incidental respondent: May 15, 2020; (

c) for the impleaded party: June 18, 2020. Each memorandum thus filed must not exceed 20 pages. [ 9 ] ALLOWS the parties to notify their respective memorandum to the respondent by email at the following address: [...]@gmail.com ; [ 10 ] ALLOWS the parties to notify their respective memorandum to the appellant by email at the following address: [...]@gmail.com ;

[ 11 ] THE WHOLE without costs taking into account the nature of the proceedings. ROBERT M. MAINVILLE, J.A.