2023 QCCA 1409, 2023 QCCA 1409

Droit de la famille — 231908 2023 QCCA 1409 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030472-237 ( 540-12-022880-199 ) MINUTES OF HEARING WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). DATE: November 2, 2023 CORAM: THE HONOURABLE MARIE-FRANCE BICH, J.A. JOCELYN F. RANCOURT, J.A. GENEVIÈVE COTNAM, J.A.

APPELLANT COUNSEL J. S. Mtre DOMINIQUE TURCOTTE ( Turcotte droit civil et familial ) RESPONDENT COUNSEL S. K. Mtre GENEVIÈVE GREY Mtre MICHAËLLA BOUCHARD-RACINE ( Grey & Casgrain ) On appeal from a judgment rendered on February 13, 2023 by the Honourable Annie Breault of the Superior Court , District of Laval . NATURE OF THE APPEAL: Divorce ─ Owner of the residence ─ Counter letter ─ Accessory measures. Clerk at the hearing : Anne Dumont Courtroom: Pierre-Basile-Mignault

HEARING 11:44 Commencement of the hearing. Identification of counsel. Preliminary remark by the Court. 11:45 Submissions by Mtre Turcotte. 11:52 Comment by the Court on the qualification of the sums as loans.

Response by Mtre Turcotte and resumption of his submissions. 11:56 Discussion between the Court and Mtre Turcotte, regarding the nature of the contributions. 11:59 Mtre Turcotte resumes his submissions. 12:01 Discussion between the Court and Mtre Turcotte, regarding the evidence of the nature of the contributions. 12:11 Mtre Turcotte resumes his submissions. 12:15 Discussion between the Court and Mtre Turcotte, regarding the counter letter. 12:19 Mtre Turcotte resumes his submissions. 12:30 Comment by the Court.

Response by Mtre Turcotte and resumption of his submissions. 12:34 Submissions by Mtre Grey. 12:38 Question by the Court and response by Mtre Grey, regarding the argument raised by her colleague, that if the duplex does not actually belong to the appellant, there would per se be no injustice in the fact that it would not be included in the family patrimony. 12:40 Mtre Grey resumes her submissions. 12:44 Discussion between the Court and Mtre Grey, regarding the nature of the contributions. 12:54 Discussion between the Court and Mtre Grey, regarding the counter letter. 12:56 Mtre Grey resumes her submissions. 1:12 Comment by Mtre Turcotte, advising the Court that he has no reply to make. 1:13 Recess of the hearing. 1:29 Resumption of the hearing.

The Court reads the reasons of the judgment. 1:31 BY THE COURT: Judgment – see page 5. Conclusion of the hearing.

Anne Dumont, Clerk at the hearing JUDGMENT WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). [ 1 ] For the reasons of the judge of the Superior Court, the appeal shall be dismissed. [ 2 ] In all family matters, the appellate standard of review is particularly stringent, restricted as it is to errors of law and palpable and overriding errors of fact, in a context where the trial judge has a vast discretionary power on all issues, which entails great deference from a court of appeal [1] . [ 3 ] In the present case, as far as the duplex is concerned, the appellant’s argument cannot convince in light of the judgment rendered by the Court in Droit de la famille – 192424 [2] , which dealt with similar questions of simulation and prejudice.

In addition, and as importantly, the evidence entirely supports the factual findings and the conclusions of the trial judge on this issue. [ 4 ] The other grounds of appeal, which raise questions of fact only, must also be dismissed, absent the demonstration of any palpable and overriding error in the judgment.

FOR THESE REASONS, THE COURT: [ 5 ] DISMISSES the appeal, without legal costs (as per art. 340 para. 2 C.C.P. ). MARIE-FRANCE BICH, J.A. JOCELYN F. RANCOURT, J.A. GENEVIÈVE COTNAM, J.A.