2020 QCCA 983, 2020 QCCA 983

Droit de la famille — 201053 2020 QCCA 983 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028877-207 ( 500-12-332141-161 ) MINUTES OF HEARING DATE: July 30, 2020 THE HONOURABLE MARIE-JOSÉE HOGUE, J.A. APPELLANT COUNSEL S. S. Mtre Andrew H. Heft ( Heft Droit de la Famille inc ) By videoconference RESPONDENT COUNSEL B. H. Mtre Gérald Stotland ( Lavery, De Billy ) By videoconference DESCRIPTION: Application by the respondent for provisional execution and security (Art. 355 and 661 C.C.P. ) . Clerk at the hearing : Elisabeth Lepage Courtroom: RC-18 HEARING

9:24 Commencement of the hearing. Continuation of the hearing held on July 23, 2020. BY THE JUDGE : Judgment – see page 3. 9:28 Conclusion of the hearing.

Elisabeth Lepage, Clerk at the hearing JUDGMENT [ 1 ] I am seized with an Application for Provisional Execution and Security of a judgment of the Superior Court rendered on January 27, 2020 (" The judgment ") granting a divorce between the parties, and ordering among other things the Appellant to pay Respondent $7,350 as retroactive child support, $700 per month as child support for the two children, $17,093 as her share of Appellant’s RRSP, $10,640.30 as her share of Appellant’s RRIF and $228,995.50 as her share of his Regime de retraite des employés du gouvernement (RREGOP) as well as $1250 for her share of the movables together with interest and additional indemnity.

The application is based on articles 355 and 661 C.c.p. [ 2 ] No provisional execution was requested in first instance and as such the judgment does not provide for it. [ 3 ] The two orders concerning support payments are, however, provisionally executory as of right (art. 660(1) C.C.P .). [ 4 ] On February 18, 2020, the Appellant filed an appeal from the judgment raising essentially two errors in the calculation of the assets comprised in the family patrimony and two errors in the calculation of the assets in the partnership of acquests. [ 5 ] On July 22, 2020, the Appellant filed an Amended Notice of Appeal alleging that the trial judge also erred by ordering the payment of one half of the gross value of his RRIF without ordering to rollover it and of one half of the gross value of his RREGOP pension without ordering that the partition be made, "in accordance with the regulation for the partition of the said RREGOP pension plan.” [ 6 ] The impact of the appeal, if granted, would be to decrease the amount awarded to Respondent but without reducing it to zero. [ 7 ] More particularly, the errors alleged in the calculation and in the orders made in relation to the family patrimony would not permit to decrease the amount awarded to Respondent to less than $50,000. [ 8 ] In that context, and given the fact that the Appellant is in possession of all assets comprised in the family patrimony as well as of a property producing revenues jointly owned by the parties, I am in the view that it is appropriate to order the Appellant to pay $50,000 to Respondent (in addition to the support payments he has to make), as provisional execution of the judgment rendered on January 27, 2020, as per

article 355 C.C . P. FOR THESE REASONS, THE UNDERSIGNED: [ 9 ] GRANTS partially the Application for Provisional Execution and Security; [ 10 ] ORDERS Appellant to pay to Respondent $50,000 within twenty days of the release of this judgment as provisional execution of the judgment rendered on January 27, 2020, by the Superior Court in file 500-12-332141-161; [ 11 ] THE WHOLE without costs given the nature of the dispute. MARIE-JOSÉE HOGUE, J.A.