2021 QCCA 1902, 2021 QCCA 1902
Opinion
Droit de la famille — 212395 2021 QCCA 1902 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029742-210 ( 760-12-025454-186 ) MINUTES OF HEARING DATE: December 13, 2021 CORAM: THE HONOURABLE FRANÇOIS DOYON, J.A. STEPHEN W. HAMILTON, J.A. FRÉDÉRIC BACHAND, J.A. APPELLANT F. S. present in person and Unrepresented RESPONDENT COUNSEL M. T. Mtre EMILIE FORTIN-HUGHES (by videoconference) ( Le Palier Juridique ) IMPLEADED PARTY COUNSEL Mtre NANCY CÔTÉ (BY VIDEOCONFERENCE) (for the child) On appeal from a judgment rendered on September 14, 2021 by the Honourable François P.
Duprat of the Superior Court , District of Beauharnois . DESCRIPTION: Application to dismiss an appeal (Article 365 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 2:02 Commencement of the hearing. Identification of the parties. 2:02 Submissions by Mr. F. S. 2:19 Submissions by Mtre Fortin-Hughes.
2:25 Submissions by Mtre Côté. 2:26 Reply by Mr. F. S. 2:28 Recess of the hearing. 2:35 Resumption of the hearing. 2:35 By the Court: judgment – see page 3. Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] It appears from the Notice of Appeal that the appellant is asking the Court to retry the case on a number of points of fact that were conclusively decided by the trial judge. [ 2 ] Moreover, some of the grounds of appeal are based on information that was not adduced as evidence and could not be considered as new evidence in appeal.
FOR THESES REASONS, THE COURT: [ 3 ] GRANTS the motion to dismiss the appeal, except for the conclusion seeking lawyers’ fees; [ 4 ] DISMISSES the appeal; [ 5 ] The whole without legal costs considering the nature of the case. FRANÇOIS DOYON, J.A. STEPHEN W. HAMILTON, J.A. FRÉDÉRIC BACHAND, J.A.
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