Summary

41203

[A.C] v. [M.P.]

(Quebec) (Civil) (By Leave)

(Publication ban in case) (Publication ban on party) (Certain information not available to the public)

Keywords

Family law — Divorce — Corollary relief — Appeal — Motion to dismiss appeal — No reasonable chance of success — Whether Quebec Court of Appeal erred in law in finding that applicant’s applications to appeal had no chance of success — Whether Quebec Court of Appeal erred in interpreting and applying art. 365 of Quebec’s Code of Civil Procedure.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

(Publication ban in case) (Publication ban on party)

In a first judgment, the Superior Court granted the parties a divorce and ruled on parenting time arrangements and decision-making responsibilities, as corollary relief. In a second judgment, the court ruled on patrimony and support issues. The applicant filed a notice of appeal against the two judgments, and the respondent sought to have the appeals dismissed. In both cases, the Court of Appeal granted the motion to dismiss, finding that the proposed appeal had no reasonable chance of success.

Lower Court Rulings

June 29, 2023
Superior Court of Quebec

2023 QCCS 2426 (French only)
Divorce granted and orders made concerning parenting time arrangements and decision-making responsibilities, as corollary relief
October 25, 2023
Superior Court of Quebec

460-12-011332-203, 2023 QCCS 3961 (French only)
Orders made concerning patrimony and support issues, as relief corollary to divorce already granted
December 12, 2023
Court of Appeal of Quebec (Montréal)

2023 QCCA 1627 (French only)
Motion to dismiss appeal granted; appeal dismissed; motion for leave to appeal out of time dismissed
January 24, 2024
Court of Appeal of Quebec (Montréal)

500-09-030777-239, 2024 QCCA 114 (French only)
Motion to dismiss appeal granted in part; appeal dismissed