Case information
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40145
C.J. v. G.P.
(Quebec) (Civil) (By Leave)
(Publication ban in case) (Publication ban on party) (Certain information not available to the public)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2022-11-16 | Close file on Leave | |
| 2022-11-10 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2022-11-10 | Judgment on leave sent to the parties | |
| 2022-11-10 |
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 500-09-029473-212, 2022 QCCA 92, dated January 18, 2022, is dismissed. Dismissed |
|
| 2022-10-04 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2022-07-06 |
Certificate (on limitations to public access), (Letter Form), 23A / 23B RESTRICTION / CONFIDENTIAL, (Printed version filed on 2022-07-08) |
G.P. |
| 2022-06-23 | Respondent's response on the application for leave to appeal, (Book Form), RESTRICTION / CONFIDENTIAL, Completed on: 2022-07-06, (Printed version filed on 2022-06-28) | G.P. |
| 2022-05-26 | Letter advising parties of an incomplete application for leave to appeal, FILE OPENED 2022-05-26 | |
| 2022-03-18 | Certificate (on limitations to public access), 23A / 23B | C.J. |
| 2022-03-18 |
Application for leave to appeal, (Book Form), Required : - Signed copy of CA judgment (rec'd 2022-05-26) - Signed copies of TC judgments (rec'd 2022-05-26), Completed on: 2022-06-14 |
C.J. |
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 |
|---|---|---|
| C.J. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| G.P. | Respondent | Active |
Counsel
Party: C.J.
This party is not represented by counsel.
Party: G.P.
Counsel
4150, rue Sainte-Catherine O.
Suite 450
Westmount, Quebec
H3Z 2Y5
Telephone: (514) 507-8780
Email: bl@lachkarlalande.com
Summary
Keywords
Family law — Divorce — Date of valuation of family patrimony — Support — Provision for costs — Whether Civil Code of Québec permits spouse to be deprived of right to partition of family assets accumulated over several years (5 years) following commencement of divorce proceedings, period when she continued to make her full contribution to family, as during parties’ life together, and when there was no severing of parties’ economic ties — Whether Divorce Act permits support entitlement of 50 year old spouse who dedicated herself entirely to responsibilities related to home and family during 15 years of marriage, and whose earlier training is outdated, to be limited to quantum that is incommensurate with other spouse’s post separation standard of living, and to review measure after 12 months, preventing her from reorienting her career appropriately — Whether substantive right of spouse who is economically vulnerable in context of divorce to be awarded provision for costs is conditional on all procedural requirements being met, even though evidence of economic disparity between parties is in court record — Civil Code of Québec, arts. 417 and 588 — Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), s. 15.2 — Code of Civil Procedure, CQLR, c. C 25.01, art. 416.
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) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)
The applicant and the respondent were married in September 2005 and had two children together. In 2015, the respondent instituted divorce proceedings. Following various mediation and counselling attempts, the respondent revived the divorce proceedings in October 2018. In February 2019, the Superior Court dismissed the applicant’s application to dismiss the divorce application and confirmed a consent relating to shared custody of the children and the payment of child support by the respondent. The respondent left the family residence on December 1, 2019. The Superior Court confirmed two interim consents, one signed in December 2019 and one in April 2020. On March 25, 2021, the Superior Court rendered judgment on the divorce and all related measures. In April 2021, the Superior Court issued a corrected judgment further to a request for correction filed by the respondent. The Court of Appeal allowed the appeal in part.
Lower court rulings
Superior Court of Quebec
2021 QCCS 1051, 505-12-039784-155
Divorce granted
Court of Appeal of Quebec (Montréal)
2022 QCCA 92, 500-09-029473-212
Appeal allowed in part
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
Not available