2015 QCCA 137, 2015 QCCA 137

Droit de la famille — 1553 2015 QCCA 137 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024899-148 (760-04-012007-143) MINUTES OF THE HEARING DATE: January 26, 2015 THE HONOURABLE MARK SCHRAGER, J.A. PETITIONER COUNSEL M. W. Mtre LOUIS DESSUREAULT ( Hendy, Greenberg S.E.N.C. ) RESPONDENT COUNSEL B. V. Mtre STÉPHANE L'ECUYER ( Me Stéphane L'Ecuyer, Avocat ) Mtre CATHERINE LAMARCHE ( Centre legal ) DESCRIPTION: Motion for leave to appeal from a judgment rendered on November 17, 2014 by the honourable Mark J.

Peacock of the Superior court, district of Beauharnois having dismissed the motion for declinatory exception and return of appellant’s child (Articles 29, 494 & 511 C.C.P. ) Clerk: Asma Berrak Courtroom: RC.18

HEARING 9:33 Commencement of the hearing. Identification of counsel. Submission by Mtre Dessureault. 9:57 Discussion between the Judge and the counsel. 9:58 Submission by Mtre L'Ecuyer. 10:06 Suspension of hearing. 10:19 Resumption of hearing. Judgment-see page 3. 10:26 Conclusion of the hearing. Clerk BY THE JUDGE JUDGMENT [ 1 ] Seeing the motion for leave to appeal the rectified judgment of the Superior Court, District of Beauharnois (the Honourable Mr. Justice Mark G.

Peacock) of November 19, 2014. [ 2 ] Seeing the issue of jurisdiction raised in the judgment; [ 3 ] Seeing that the courts in Ontario have also assumed jurisdiction as reported by counsel; [ 4 ] Considering Articles 29 and 511 C.C.P. ; [ 5 ] Seeing the safeguard order issued by the judge in first instance at paragraph 94 of the judgment and the subsequent safeguard order issued by Justice Chabot on November 27, 2014, to remain in force until January 29, 2015; [ 6 ] Seeing the consent of appellant dated November 27, 2014 filed in the Superior Court record; [ 7 ] Given rules 48 and 49 of the Rules of the Court of Appeal in Civil Matters , which reads as follows: 48.

Abandonment. Where the appellant’s arguments and documents standing in lieu of the factum are not served and filed within the established time limit, the appeal shall be deemed to be abandoned and

article 503.1 of the Code of Civil Procedure shall apply, mutatis mutandis . 49. Foreclosure. Where the respondent’s argument and, if applicable, documents standing in lieu of the factum are not served and filed within the established time limit, the respondent shall be foreclosed from filing and

article 505 of the Code of Civil Procedure apply, mutatis mutandis.

FOR THESE REASONS, THE UNDERSIGNED: [ 8 ] GRANTS the motion for leave to appeal and GRANTS leave to appeal the rectified judgment of the Honourable Mr.

Justice Mark Peacock of November 19, 2014; [ 9 ] ORDERS suspension of the proceedings in first instance save and except with respect to the safeguard order issued by Justice Peacock in paragraph 94 of the judgment and the safeguard order issued by Justice Chabot on November 27, 2014 and any continuation or modification of such safeguard orders; [ 10 ] PLACES the case on the role of May 1 st , 2015 for a 60 minute hearing (30 minutes for each party); [ 11 ] ORDERS the appellant, after having served a copy upon the respondent, to file in the office of the Court, no later than February 27, 2015 , five copies of a written argument not exceeding 20 pages , the exhibits and other documents that would normally have made up schedules I, II and III of his factum and his authorities; [ 12 ] ORDERS the respondent, after having served a copy upon the appellant, to file in the office of the Court, no later than March 27, 2015 , five copies of a written argument not exceeding 20 pa ges and her supplementary documents and authorities; [ 13 ] ORDERS the parties to present their written arguments on 21.5 cm X 28 cm (8 ½ X 11 in.) paper, with line spacing of at least 1.5 lines (except in the case of quotations, which must be single-spaced and indented), and the computer-prepared text shall be in 12- point type, with no more than 12 characters per 2.5 cm, the use of the font ARIAL-12 being strongly recommended; [ 14 ] ORDERS that the documents filed by the parties carry a continuous pagination or tabs, a front cover and a general table of contents; [ 15 ] THE WHOLE , costs to follow. mark schrager , J.A.