Case information
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40623
A.B. v. S.S.
(Quebec) (Civil) (By Leave)
(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) |
|---|---|---|
| 2023-07-10 | Close file on Leave | |
| 2023-06-29 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2023-06-29 | Judgment on leave sent to the parties | |
| 2023-06-29 |
Decision on motion to extend time to file and /or serve the leave application, The motion for an extension of time to serve and file the application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-029359-213, 2021 QCCA 1724, dated November 11, 2021, is dismissed with costs. Dismissed, with costs |
|
| 2023-05-23 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2023-05-23 | Submission of motion to extend time to file and/ or serve the leave application, for consideration by the Court | |
| 2023-03-27 | Applicant's reply to respondent's argument, (Book Form), Required: - proof of service, Completed on: 2023-04-17 | A.B. |
| 2023-03-22 | Certificate (on limitations to public access), 23A, (Printed version filed on 2023-03-22) | S.S. |
| 2023-03-20 |
Respondent's response on the application for leave to appeal, (Letter Form), Required: - 23A (rec'd 2023-03-22), Completed on: 2023-03-23, (Printed version filed on 2023-03-20) |
S.S. |
| 2023-02-23 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 2023-02-23 | |
| 2023-02-10 | Certificate (on limitations to public access), Public acces to information form | A.B. |
| 2023-01-26 | Motion to extend the time to file and or serve the application for leave to appeal, (Book Form), Completed on: 2023-02-23, (Printed version due on 2023-02-02) | A.B. |
| 2023-01-26 |
Application for leave to appeal, (Book Form), Required: - Amended notice of application citing the correct section of law and the name of the court seeking appeal from. (rec'd 2023-03-06) - Signed memorandum of arguments (rec'd 2023-03-06), Completed on: 2023-03-09, (Printed version due on 2023-02-02) |
A.B. |
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 |
|---|---|---|
| A.B. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| S.S. | Respondent | Active |
Counsel
Party: A.B.
This party is not represented by counsel.
Party: S.S.
Counsel
160, boulevard de l'Hôpital, bureau 107
Gatineau, Quebec
J8T 8J1
Telephone: (819) 770-4880 Ext: 304
FAX: (819) 595-4979
Email: alarinlarouche@beaudry-bertrand.com
Summary
Keywords
Civil procedure — Appeals — Relevant and sufficient excerpts in appeal record — Whether Quebec Court of Appeal erred in law in dismissing applicant’s appeal.
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 ON PARTY)
The parties had a child together. They moved separately from France to Canada. Following an incident in 2018, the parties broke off their relationship. Prior to that incident, the applicant had purchased two immovables and a car in her name only. The respondent claimed that the parties had a secret contract that provided for the partition of the immovables and the car.
The Quebec Superior Court allowed in part the respondent’s application in simulation and declared him the co-owner of the immovables and the car. It did not vary the child custody order, but it determined the amount of child support and the arrears.
The Quebec Court of Appeal dismissed the applicant’s appeal, mainly because the appeal record did not contain certain exhibits that had been filed in the Superior Court. The Court of Appeal did not identify any error made by the trial judge.
Lower court rulings
Superior Court of Quebec
550-04-020044-182, 550-17-010518-189
S.S.’s application in simulation allowed in part, S.S. declared co-owner of two immovables and car with A.B., and amount of child support (and arrears) determined
Court of Appeal of Quebec (Montréal)
2021 QCCA 1724, 500-09-029359-213
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
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 613-996-8666 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
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 613-996-8666 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
Not available