Droit de la famille — 162803 2016 QCCA 1868 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026206-169 (500-12-328819-150) MINUTES OF THE HEARING DATE: November 14, 2016 CORAM: THE HONOURABLE MARTIN VAUCLAIR , J.A. GENEVIÈVE MARCOTTE , J.A. MARIE-JOSÉE HOGUE , J.A. APPELLANT COUNSEL C. M. Mtre MURIEL LIBRATI (Teitelbaum Librati) RESPONDENT COUNSEL S. r. In person (by way of teleconference) On appeal from a judgment rendered on June 14, 2016 by the Honourable Justice Silvana Conte of the Superior Court, District of Montreal

DESCRIPTION Motion to dismiss an appeal (article 365 C.C.P .) Application for a provision of a suretyship (Articles 364, 365 and 366 C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11 :19 Commencement of the hearing. Identification of counsel. 11 :19 Mtre Simon Richter is acting for Mr. R. as amicus curiae . 11:20 Submissions by Mr. R.. 11:25 Submissions by Mtre Librati. 11:45 Recess. 11:52 Resumption of the hearing. 11:52 By the Court: judgment – see page 3. 11 h 53 Conclusion of the hearing.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] We are unanimously of opinion that the appeal stands no reasonable chance of success considering section 3(1) of the Divorce Act, RSC 1985, c. 3 (2nd Supp ) and the uncontested facts outlined in the first instance judgement. FOR THESE REASONS, THE COURT : [ 2 ] GRANTS the application to dismiss the appeal, without legal costs given of the nature of the matter; [ 3 ] DISMISSES the appeal, without legal costs given of the nature of the matter; [ 4 ] The motion for provision of a suretyship is therefore without object. MARTIN VAUCLAIR, J.A.

GENEVIÈVE MARCOTTE, J.A. MARIE-JOSÉE HOGUE, J.A.