2019 QCCA 884, 2019 QCCA 884

Droit de la famille — 19900 2019 QCCA 884 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028300-192, 500-09-028031-193 (500-12-327711-150) MINUTES OF THE HEARING DATE: May 17, 2019 THE HONOURABLE MARIE-FRANCE BICH, J.A. PETITIONER COUNSEL E. D. Mtre Robert pancer (Phillips Friedman Kotler, s.e.n.c.r.l.) RESPONDENT COUNSEL A. V.

Mtre rAPHAEL LEVY (Levy Tsotsis) DESCRIPTION: 500-09-028300-192 Application for leave to appeal from a judgment rendered in the course of a proceeding on April 17, 2019 by the Honourable Luc Lefebvre of the Superior Court, District of Montreal ( art. 31 and 351 C.C.P.) . 500-09-028031-193 Notice of case management (art. 367 and following C.C.P.) Clerk: Amanda Kaneza Courtroom: RC-18

HEARING 9 :30 Commencement of the hearing. Identification of counsel. 9 :51 The judge addresses counsel regarding the notice of case management, which is actually a motion to suspend the appeal in file No. 500-09-028031-193. 9 :52 Exchanges between the judge and counsel. 9 :56 BY THE JUDGE : Judgment rendered on the motion to suspend the appeal in file No. 500-09-028031-193. See page 3. 9 :59 The judge addresses counsel. 10 :03 Submissions by Mtre Pancer. 10 :04 Suspension of the hearing. 10 :14 Resumption of hearing. 10 :14 Submissions by Mtre Pancer.

Mtre Pancer files transcripts. 10 :19 Objection by Mtre Levy. 10 :20 Submissions by Mtre Pancer. 10 :48 Submissions by Mtre Levy. 11 :31 Rebuttal by Mtre Pancer. 11 :39 Rebuttal by Mtre Levy. 11 :40 The transcripts are returned to Mtre Pancer. 11 :41 Suspension of hearing. 12 :30 Resumption of hearing. BY THE JUDGE : Judgment rendered on the application for leave to appeal from a judgment rendered in the course of a proceeding. See page 3. 12 :39 Conclusion of hearing.

Amanda Kaneza Clerk BY THE JUDGE JUDGMENT On the Notice for case management (motion to suspend the appeal in file No. 500-09-028031-193 ): [ 1 ] Considering the proceedings in revocation of the Superior Court judgment appealed from in file No. 500-09-028031-193, and the accessory proceedings in disavowal (file No. 500-12-327711-150); [ 2 ] Considering that the revocation and disavowal proceedings will be heard, on the merits, on August 19, 20 and 21, 2019; [ 3 ] Considering that both parties agree that the appeal in file No. 500-09-028031-193 be suspended; and [ 4 ] Considering that the conditions for such a suspension are fulfilled [1] ; THEREFORE, I : [ 5 ] SUSPEND the appeal in file No. 500-09-028031-193 until final judgment in file No. 500-12-327711-150 of the Superior Court (revocation and disavowal proceedings), without costs.

On the Application for leave to appeal from a judgment rendered in the course of a proceeding on April 17, 2019 (file 500-09- 028300-192) :

[ 6 ] In light of the unique circumstances of the case, I am of the view that the requirements of both art. 31 and, should this provision be applicable, 32 C.C.P. are satisfied and that leave to appeal should be granted. [ 7 ] According to the third paragraph of art. 31 C.C.P., this appeal will not stay the Superior Court proceedings, which are therefore not suspended, judgment on the merits not to be rendered, however, until the judgment of the Court on the contested expert report. [ 8 ] There will be case management and the appeal will proceed by memoranda pursuant to

article 37 of the Civil Practice Regulation, which reads as follows: 37. Leave to Appeal for a Judgment in the Course of a Proceeding (art. 31). A judge who grants leave to appeal from a judgment rendered in the course of proceedings shall establish the date and duration of hearing and establish a timetable for the filing of memoranda unless, for such purpose, the judge refers the matter to the Clerk (art. 368 & 374).

FOR THE FOREGOING REASONS, I: [ 9 ] GRANT the motion for leave to appeal; [ 10 ] GRANT leave to appeal; [ 11 ] PLACE the case on the role of August 8, 2019 in room Pierre-Basile-Mignault, at 9:30 am, for a sixty (60) minutes hearing (30 minutes for each party); [ 12 ] ORDER the appellant, after having notified a copy upon the respondent, to file in the Office of the Court, no later than June 11, 2019, five copies of a written argument not exceeding fifteen (15) pages.

All documents necessary for the adjudication of the appeal (judgment under appeal, pleadings, excerpts from depositions, etc.) shall be attached; [ 13 ] ORDER the respondent, after having notified a copy upon the appellant, to file in the Office of the Court, no later than July 5, 2019 , five copies of a written argument not exceeding fifteen (15) pages and of her supplementary documents; [ 14 ] DIRECT the parties’ attention to art. 376 C.C.P . and s. 55 of the Civil Practice Regulation , which read as follows: 376.

The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension. A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal. 55. Format. The memorandum shall include a title page, a table of contents and be paginated consecutively.

The provisions relating to briefs (including the final requirements) apply to memoranda with the necessary adaptations. [ 15 ] DIRECT the parties’ attention to Practice Direction G-3 (last amendment: February 27, 2017) encouraging them to attach a technological version to each paper copy of their brief, memorandum and book of authorities. Such technological version should preferably be in Word format but may also be in PDF format enabling key-word searches. The USB drive is the format preferred by the Court, but CD / DVD-ROM are also accepted ; [ 16 ] THE WHOLE , legal costs to follow. MARIE-FRANCE BICH, J.A.