2015 QCCA 1829, 2015 QCCA 1829

Droit de la famille -- 152759 2015 QCCA 1829 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-025324-153 (500-12-309943-110) MINUTES OF THE HEARING DATE: November 4, 2015 THE HONOURABLE MARTIN VAUCLAIR, J.A. APPELLANT ATTORNEY G. T. Mtre JAY TURNER (Oiknine & Associé

s) RESPONDENT ATTORNEY S. R. Mtre MARIA RITA BATTAGLIA (Maria R. Battaglia, Avocats) DESCRIPTION: Motion to extend the delays of production of the respondent’s written arguments and other relief Clerk: Shirley Thomas Courtroom: RC-18

HEARING 12:17 Commencement of the hearing. Identification of counsel. Exchange between the judge and the attorneys. 12:18 Representations by Mtre Battaglia. 12:23 Representations by Mtre Turner. 12:52 Reply By Battaglia. 12:57 Recess. 13:07 Resumption of the hearing. 13:07 By the Judge: Judgment – See page 3. 13:07 Conclusion of the hearing. SHIRLEY THOMAS Clerk BY THE JUDGE JUDGMENT [ 1 ] I am seized with a Motion to extend the delays of production of the Respondent’s written arguments and other relief .

The Respondent’s deadline to file his argument is November 13, 2015. [ 2 ] After receiving Appellant’s argument (or factum), the Respondent asks for all references to the Inscription in Appeal in Appellant’s factum be removed in order to respect the 30 page rule. Also, the Respondent considers that a new legal question is raised in Appellant’s factum and asks that this be also removed. Finally, the Respondent seeks a delay to file her factum, in part because the Appellant did not include the transcript of one witness, necessary to the Respondent’s argument. [ 3 ] Appellant acknowledges that the question raised in

section VII of his argument does not figure in his 105 paragraph Inscription in Appeal . Appellant makes a de bene esse motion to have the new argument allowed. [ 4 ] After the audition, I come to the conclusion that the motion must granted, in part. The de bene esse motion addresses the only new question raised in the Appellant’s argument and it should be granted.

FOR THESE REASONS , the undersigned: [ 5 ] GRANTS in part the Respondent’s Motion to extend the delays of production of the respondent’s written arguments and other relief , costs to follow; [ 6 ] ORDERS the Appellant to STRIKE from his argument or factum all references to the Inscription in Appeal; [ 7 ] EXTENDS Respondent’s delay to file her written arguments to December 14, 2015; AND [ 8 ] GRANTS the Appellant’s de bene esse motion, without costs; [ 9 ] ALLOWS the Appellant to raise the question in

section VII of his argument or factum, and to leave paragraphs 50 to 54 as they appear in the factum. MARTIN VAUCLAIR , J.A.