2011 QCCA 1525, 2011 QCCA 1525

Droit de la famille — 112481 2011 QCCA 1525 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021908-116 (500-12-274997-042) MINUTES OF THE HEARING DATE: August 17, 2011 THE HONOURABLE YVES-MARIE MORISSETTE, J.A. PETITIONER ATTORNEY P. A. Mtre Antonella Petrolito RESPONDENT ATTORNEY R. AM. Mtre Margherita Morsella MERCADANTE DI PACE

MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON JUNE 28, 2011 BY THE HON. PIERRE BÉLIVEAU FROM THE SUPERIOR COURT DISTRICT OF MONTREAL Clerk: Annick Nguyen Court Room: RC.18 HEARING 15:52 Commencement of the hearing. Exchange between the judge and Mtre Petrolito. 15:54 Submission by Mtre Morsella. 16:17 Submission by Mtre Petrolito. 16:22 Suspension. 16:26 Resumption of the hearing. BY THE JUDGE. Judgment – See page 3.

Annick Nguyen Clerk JUDGMENT [ 1 ] Seeing, first, that all judgments in divorce matters, including interlocutory judgments, are appeallable as of right, second, that the irregularity in the filing of the appeal in this instance was minor in nature and, third, that some, though not all, of the grounds raised by the petitioner, particularly those pertaining to the range of orders made by the trial judge, may present a reasonable chance of success, I will grant the motion to file late notice of appeal. [ 2 ] Given that there should be case management of the appeal; [ 3 ] Given rules 54 and 55 of the Rules of the Court of Appeal in Civil Matters , which reads as follows:

54. Abandonment . Where the appellant’s argument and documents standing in lieu of appellant's 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 mutandi . 55. 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 Procedur e shall apply, mutatis mutand i. [ 4 ] FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] GRANTS leave to appeal; [ 6 ] ORDERS the appellant, after having served a copy upon the respondent, to file in the office of the Court, no later than October 27, 2011 , four copies of a written argument not exceeding 20 pages , of the documents that would normally have made up schedules I, II and III of his factum and of his authorities; [ 7 ] ORDERS the respondent, after having served a copy upon the appellant, to file in the office of the Court, no later than November 30, 2011 , for copies of a written argument not exceeding 20 pages , of his supplementary documents, and of his authorities; [ 8 ] 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; [ 9 ] ORDERS that the documents filed by the parties carry a continuous pagination or tabs, a front cover and a general table of contents; [ 10 ] DEFERS the file to the Master of the rolls to determine the date of a 80 minutes hearing; [ 11 ] Without costs.

YVES-MARIE MORISSETTE, J.A.