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Family law — 2380 |
2023 QCCS 155 |
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SUPERIOR COURT |
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CANADA |
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PROVINCE OF QUEBEC |
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DISTRICT OF |
BEDFORD |
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N° : |
460-04-006101-180 |
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DATE : |
January 23, 2023 |
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______________________________________________________________________ |
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UNDER THE PRESIDENCY OF: |
L’HONORABLE |
CHARLES OUELLET, JCS |
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______________________________________________________________________ |
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B… D… |
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Applicant |
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c. |
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M… C… |
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Defendant |
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______________________________________________________________________ |
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MANAGEMENT ORDER ISSUED OFFICE |
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[1]
Expected that this file was the subject of a division of proceedings, in such a way that the questions related to custody and access proceeded first, the patrimonial questions between the parents (the patrimonial dispute) having to do the subject to separate hearing;
[2]
Expected that the undersigned is currently seized of the property dispute;
[3]
Expected that several management conferences were held, with the aim of allowing the orderly preparation of the file relating to the property dispute;
[4]
Expected that despite the foregoing, the parties have experienced and still experience considerable difficulty in collaborating to adequately prepare their file for the investigation of the heritage dispute;
[5]
Expected that the parties respectively demanded to obtain from the other party very large quantities of documents of dubious relevance, many of which will very possibly prove to be of no real relevance at trial;
[6]
Expected that the documents exchanged in the exploratory phase of the proceedings should only be produced if they prove to have real relevance for the trial;
[7]
Expected that in an email addressed to the undersigned on January 23, 2023 by Mr. B… D… (not represented), the latter requests permission to file his documents by means of “We-Transfer”, given “the considerable volume of documents” .
[8]
Expected that it is to be expected that each of the parties might file large quantities of useless or irrelevant documents to settle the questions actually raised by the heritage file.
[9]
Expected that the Superior Court is a court of records whose registry is to date exclusively composed of physical files in paper format.
[10]
Expected that the production of documents at the court office by electronic means requires that the documents be then printed by the court office staff, feathered and filed manually in the court file.
[11]
Expected that the We-Transfer platform is not an authorized method of producing documents at the Court Registry.
[12]
Expected that in the circumstances of this case, the use of the “Quebec judicial digital registry” would drain considerable resources which the clerks currently lack to ensure their primary mission, which is not the printing of documents;
[13]
Expected the reasons stated by the undersigned in the decision Clinimedspa inc. c. Dr. Stephanie Olivier Mediaspa Clinicwhich are reiterated here;
[14]
Expected whereas other litigants have urgent needs which the limited resources of the registries struggle to meet;
[15]
Vu articles 18, 19, 23 and 158 CCP
[16]
Vu l’article 350
C.p.C.
[17]
Vu articles 1 and 18 of Rules of procedure of the superior court in civil matters.
[18]
Expected that it is in the interest of the parties and of justice to ensure the proportionality and the effective advancement of the property dispute;
[19]
Expected articles 51 CCP as well as the need in the instance to warn each of the parties once morest a form of abuse that the Court describes as ” data
dumping »;
FOR THESE REASONS, THE TRIBUNAL :
[20]
ORDERED that the parties produce at the registry, no later than 15 days before the date set for the hearing of the property dispute between them, all the documents they intend to invoke at the hearing and format paperwith some separators
between each of the parts, these must all be paginated and quoted
in accordance with article 18 of the Rules of the Superior Court of Quebec in civil matters;
[21]
PROHIBITED the parties to use, in this case, the “digital judicial registry of Quebec” to proceed with the filing at the Court registry of the exhibits they intend to invoke at the hearing;
[22]
DECLARED that exhibits filed in contravention of this order shall be dismissed from the record;
[23]
MET the parties caution once morest the excessive filing of unnecessary and irrelevant exhibits and documents which, in the circumstances of this case, might be the case due date taken into account in the context of a declaration of procedural abuse and lead to monetary sanctions corresponding;
[24]
Free of charge, given the nature of the dispute;
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__________________________________ CHARLES OUELLET, JCS |
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Mr B… D… |
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Personally |
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Me Leïlani Piette |
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Defendant’s attorney |
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