2017 QCCA 51, 2017 QCCA 51

Droit de la famille — 1773 2017 QCCA 51 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026054-163 (500-12-306055-108) MINUTES OF THE HEARING DATE: January 16, 2017 CORAM: THE HONOURABLE NICOLE DUVAL HESLER , C.J.Q. YVES-MARIE MORISSETTE , J.A. MARIE-JOSÉE HOGUE , J.A. APPELLANT B. B. IN PERSON RESPONDENT A. O. IN PERSON On appeal from a judgment rendered on January 21, 2015 and April 8, 2016 by the Honourable Justice André Prévost of the Superior Court, District of Montreal DESCRIPTION : Application to dismiss an appeal (Article 365 C.C.P .)

Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 15 :29 Commencement of the hearing. 15:29 Submissions by Mrs. B.. 15:47 Recess. 15:57 Resumption of the hearing. 15:57 By the Court : judgment. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The appeal raises strictly factual issues and the Appellant, in effect, is asking the Court to substitute its appreciation of the evidence for that of the judge. That is not the role of a court of appeal.

Indeed the appellant fails to identify in the judgments under appeal, any error of a nature which would justify the intervention of the Court. [ 2 ] We are of the unanimous view that the appeal presents no reasonable chances of success. [ 3 ] For these reasons, Respondent’s Motion to dismiss an appeal is allowed and the appeal is dismissed, the whole without legal costs in view of the nature of the file. NICOLE DUVAL HESLER, C.J.Q. YVES-MARIE MORISSETTE, J.A. MARIE-JOSÉE HOGUE, J.A.