The following is the judgment delivered by
1. The Court‑‑We are all of the view that the exercise of the judge's discretion in this unusual case was not reasonable having regard to all the circumstances and consequences.
2. The appeal is allowed, the judgment of the Court of Appeal dismissing the appellant's appeal is set aside, the appellant is given a peremptory delay of ten days from the date of this judgment to serve and file his factum in the Court of Appeal, failing which his appeal to the Court of Appeal will be automatically quashed, and the case is referred to the Court of Appeal to be heard on its merits.
3. There will be no order as to costs.
Appeal allowed.
Solicitors for the appellant: Segal, Ovadia, Sauvageau, Zito, Montréal.
Solicitors for the respondent: Grey & Casgrain, Montréal.