2012 QCCA 873, 2012 QCCA 873

Droit de la famille — 121068 2012 QCCA 873 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022624-126 ( 500-04-055321-112 ) MINUTES OF THE HEARING DATE: May 9, 2012 THE HONOURABLE MARIE ST-PIERRE, J.A. PETITIONERS ATTORNEY L. K. T. K. C. I. Mtre Nicholas Dodd DIONNE SCHULZE RESPONDENT ATTORNEY D. C. Mtre Heather MacLeod MIS EN CAUSE ATTORNEY DIRECTOR FOR CIVIL STATUS TA. K.

MOTION FOR LEAVE TO APPEAL FROM A JUDGMENT RENDERED ON MARCH 30, 2012 BY THE HONOURABLE MADAM JUSTICE NICOLE BÉNARD OF THE SUPERIOR COURT, DISTRICT OF MONTREAL. Clerk: Robert Osadchuck Courtroom: RC.18 HEARING 9 h 35: Commencement of the hearing. Identification of counsel. 9 h 35 Submissions by Mtre Dodd. 9 h 54 Submissions by Mtre MacLeod. 10 h 01 Reply by Mtre Dodd. 10 h 10 Reply by Mtre MacLeod. 10 h 14 Recess. 11 h 08 Resumption of the hearing. 11 h 08 By the judge : judgment – see next page. 11 h 25 End of the hearing.

Robert Osadchuck Clerk JUDGMENT [ 1 ] Given the representations by counsel for the Petitioners (Defendants in first instance) that the expert report will be completed and available shortly, but in all circumstances no later than June 30, 2012;

[ 2 ] Given

section 4.3 C.C.P . which reads as follows: 4.3 The courts and judges may attempt to reconcile the parties, if they consent, in any matter except a matter relating to personal status or capacity or involving public policy issues. In family matters or matters involving small claims, it is the judge's duty to attempt to reconcile the parties. [ 3 ] Given that, in pursue of the mission granted to a judge by

article 4.3 C.C.P ., the undersigned is of the opinion that the opportunity to read the proposed expert report should be given to Plaintiff in first instance, D. C., before a judge or the Court rule on the motion for leave to appeal or, and if need be, on the appeal; [ 4 ] Given

section 509 C.C.P . whereby a judge of this Court may refer an application to the Court if, in the judge's opinion, the interests of justice so require; [ 5 ] Given that the motion for leave to appeal can be placed before the Court, on its roll of July 3, 2012 at 9h30 a.m., and given the fact that counsel for all parties are available on such a date; [ 6 ] Given that both counsel will be prepared to argue the appeal itself if the motion for leave to appeal was to be granted by the Court on July 3, 2012; [ 7 ] Given that counsel have made oral representations before the undersigned this day, so that they well know each other's position and given that, this being the case, they can, and are prepared to put such position in writing in a maximum of 5 pages each, in four copies to be served to the other, and produced to this Court no later than June 8, 2012; FOR THESE REASONS, THE UNDERSIGNED : [ 8 ] REFERS the motion for leave to appeal to the Court sitting on July 3, 2012 in room Pierre-Basile-Mignault, at 9h30 a.m.; [ 9 ] GRANTS permission to each party to file written submissions of no more than 5 pages, in four copies, and no later than June 8, 2012; [ 10 ] Costs to follow.

MARIE ST-PIERRE, J.A.