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Case information

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41381

L.T. v. B.P.

(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.

List of proceedings
Date Proceeding Filed By
(if applicable)
2025-02-21 Close file on Leave
2025-02-20 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2025-02-20 Judgment on leave sent to the parties
2025-02-20 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 500-09-030311-229, 2024 QCCA 735, dated May 8, 2024, is dismissed with costs.
Dismissed, with costs
2025-01-13 All materials on application for leave submitted to the Judges, for consideration by the Court
2024-09-06 Certificate (on limitations to public access), (Letter Form), PUB-BAN
Form 23B, (Printed version filed on 2024-09-09)
B.P.
2024-09-06 Certificate (on limitations to public access), (Letter Form), PUB-BAN
Form 23A, (Printed version filed on 2024-09-09)
B.P.
2024-09-06 Respondent's response on the application for leave to appeal, (Book Form), PUBLICATION BAN, Completed on: 2024-09-09, (Printed version filed on 2024-09-09) B.P.
2024-08-09 Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED
2024-08-07 Certificate (on limitations to public access), (Letter Form), PUB-BAN
Form 23B, (Printed version filed on 2024-08-08)
L.T.
2024-08-07 Certificate (on limitations to public access), (Letter Form), PUB-BAN
Form 23A, (Printed version filed on 2024-08-08)
L.T.
2024-08-07 Application for leave to appeal, (Book Form), PUBLICATION-BAN, Completed on: 2024-08-07, (Printed version filed on 2024-08-08) L.T.

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

Main parties - Appellants
Name Role Status
L.T. Applicant Active

v.

Main parties - Respondents
Name Role Status
B.P. Respondent Active

Counsel

Party: L.T.

Counsel
Name
Louis Dessureault
Contact information
Dessureault Herbert Law Firm
4871 du Parc Avenue
Montréal, Quebec
H2V 4E7
Telephone: (514) 360-9355
FAX: (514) 360-9353
Email: ld@dessureaultherbert.com

Party: B.P.

Counsel
Name
Alice Popovici
Contact information
Popovici Family Law
Suite 406
755 Saint-Jean Blvd.
Pointe-Claire, Quebec
H9R 5M9
Telephone: (514) 448-6666
FAX: (514) 666-4166
Email: alice@popovici.law

Summary

Keywords

Family law — Divorce — Family assets — Partition of property — Couple separating after over 20 years of marriage — Trial judge issuing divorce order and ordering applicant to pay respondent various sums pursuant to dissolution of matrimonial regime of the partnership of acquests and partition of family patrimony — Court of Appeal varying trial judgment — How should legislative intent regarding exclusion of gifts and inheritances from matrimonial property be interpreted and implemented? — What is evidentiary threshold or standard for including or excluding apparent gifts and inheritances from family patrimony and partnership of acquests? — Civil Code of Québec, CQLR, c. CCQ-1991, art. 415-418, 448-450, 459.

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)

The parties were married in 1999, and separated in 2020; the applicant, L.T., instituted divorce proceedings, and the respondent, B.P., filed a cross-claim. The trial judge issued a divorce order, and issued a number of orders requiring L.T. to pay certain sums to B.P. under the dissolution of the partnership of acquests and the partition of family patrimony. The Court of Appeal granted an appeal in part, modifying the trial judgment on certain issues.

Lower court rulings

November 8, 2022
Superior Court of Quebec

500-12-9347220-208

Divorce granted;
order for partition of family property and dissolution of partnership of acquests;
orders for L.T. to pay various sums and spousal support

May 8, 2024
Court of Appeal of Quebec (Montréal)

2024 QCCA 735 (French only)

L.T.’s appeal — granted in part;
first judgment reversed in part, and modified;

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

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

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

Webcasts

Not available.

Date modified: 2025-02-27