Case information
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34226
F.F. v. M.J.
(Quebec) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2012-04-18 | Close file on Leave | |
| 2012-04-10 | Certificate of taxation issued to, Maria R. Battaglia | |
| 2012-04-10 | Decision on the bill of costs, in the amount of $1,336.26, Reg | |
| 2012-04-02 | Submission of the bill of costs, Reg | |
| 2011-12-29 | Bill of costs, Completed on: 2011-12-29 | M.J. |
| 2011-09-23 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2011-09-23 | Judgment on leave sent to the parties | |
| 2011-09-22 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-020943-106, 2011 QCCA 383, dated February 24, 2011, is dismissed with costs. Dismissed, with costs |
|
| 2011-08-02 | All materials on application for leave submitted to the Judges, CJ De Cha | |
| 2011-06-01 | Correspondence received from, Me Jean-François Rousseau, by fax, Re: revised Form 25B | F.F. |
| 2011-05-20 | Respondent's response on the application for leave to appeal, Completed on: 2011-05-20 | M.J. |
| 2011-05-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-04-26 | Application for leave to appeal, Completed on: 2011-05-03 | F.F. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| F.F. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| M.J. | Respondent | Active |
Counsel
Party: F.F.
Counsel
84 rue Notre-Dame Ouest
1er étage
Montréal, Quebec
H2Y 1S6
Telephone: (514) 759-3839
FAX: (514) 759-3840
Email: j-f.rousseau@rousseauspenard.com
Party: M.J.
Counsel
Dorval, Quebec
H9S 2C1
Telephone: (514) 780-8855
Summary
Keywords
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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.
Civil procedure Appeal Whether Court of Appeal wrongly dismissed appeal on ground of procedural irregularity Code of Civil Procedure, R.S.Q., c. C 25, art. 523.
The parties stopped living together as de facto spouses in 2004. They then signed a consent to serve as a judgment concerning support for their minor child ($600 a month) and custody of the child, which was given to the respondent. On June 25, 2010, the respondent served an amended motion for a provision for costs and child support. On the day the motion was heard, the applicant did not attend. Mongeon J. of the Superior Court rendered judgment ex parte in favour of the respondent. He ordered the applicant to pay a $22,000 provision for costs and 50% of the special expenses related to the child.
On August 9, 2010, the applicant inscribed the case in appeal on the issue of the provision for costs. He alleged that the evidence could not support the trial judge's conclusion. He argued that he did not have the capacity to pay and that the evidence on his income presented by the respondent was not reliable. The respondent then filed a motion to dismiss the appeal at the preliminary stage on the ground that, in her view, the appeal had no chance of success and was improper or dilatory (art. 501(4.1) and (5) C.C.P.). The Court of Appeal dismissed the motion without hearing the parties.
On February 24, 2011, the Court of Appeal dismissed the applicant's appeal after hearing the parties. It noted that the inscription in appeal was irregular because the applicant had to apply for leave to appeal under art. 26 C.C.P., which he had not done. As well, the six month time limit under art. 523 C.C.P. for granting special leave to appeal to a party where it was impossible for the party to act had expired.
Lower court rulings
Superior Court of Quebec
2010 QCCS 4402, 500-04-035326-041
Motion for provision for costs allowed
Court of Appeal of Quebec (Montréal)
2011 QCCA 383, 500-09-020943-106
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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