Case information

Canadian Charter of Rights and Freedoms ? Family law ? Action for simulation ? Motion to amend accessory measures involving child support payments ? Whether the issues raised in this appeal are of public importance within the meaning of section 40(1) of the Supreme Court Act, R.S.C., c. S-26 ? Whether the Court of Appeal made a fundamental error by upholding the trial judgment, when it should have intervened and set aside the judgment in light of the material errors of fact or law before it ? Whether the trial judge had, in 2015, the power to override the res judicata rule by contradicting and amending three final judgments rendered in 2007, 2008 and 2009 ? Whether the trial judge erred in his interpretation and application of articles 1451, 1452 and 1633 of the Civil Code of Québec ? Whether the trial judge made a fundamental error when he preferred the interests of the grandparents and non-custodial parent over those of the two minor children and their single mom ? Civil Code of Québec, articles 1451, 1452 and 1633.

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The applicant, R.A., and the respondent, A.AB., were married in 1998. Two children were born out of this union. The parties separated in February 2005 and the divorce judgment was granted in October 2009. To enforce the divorce judgment, in August 2012, R.A. commenced an action for simulation against A.AB. and against his family members, namely H.AB. (sister), L.AB. (father), S.AB. (mother) and SA.AB. (brother) to determine who was the true owner of a residence in Montréal and in respect of which A.AB. allegedly contributed funds to purchase. In this action, R.A. is also seeking to have the corporate veil in respect of respondent Compagnie A lifted and to have the arrangements between A.AB., his brother SA.AB., respondent M.K. and Compagnie A declared as a simulation involving the operation of a business operating as Tapis Électro Maison Inc. A.AB. and R.A. also filed motions to amend accessory measures in August 2012 and in June 2014 regarding the calculation of child support and the adjustment of special expenses. The two proceedings were joined before the Superior Court.