2022 QCCA 810, 2022 QCCA 810
Opinion
Droit de la famille — 22957 2022 QCCA 810 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-029929-221 ( 500-12-337307-171 ) MINUTES OF HEARING DATE: June 6, 2022 CORAM: THE HONOURABLE FRANÇOIS DOYON, J.A. MARK SCHRAGER, J.A. CHRISTINE BAUDOUIN, J.A. APPELLANT COUNSEL A. A. Mtre BÉATRICE MAWABA KEMDJEU RESPONDENT COUNSEL S. m. Mtre ANNIE RAINVILLE ( Bureau d'aide juridique Sud-Ouest ) On appeal from a judgment rendered on January 24, 2022 by the Honourable Micheline Perrault of the Superior Court , District of Montreal .
DESCRIPTION: Application to dismiss an appeal (Article 365 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11:19 Commencement of the hearing. Identification of counsel. 11:19 Submissions by Mtre Rainville. 11:21 Submissions by Mtre Mawaba Kemdjeu. 11:29 Reply by Mtre Rainville 11:31 Recess of the hearing. 11:35 Resumption of the hearing.
11:35 BY THE COURT : Judgment- see page 3. Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] The judge of the Superior Court exercised her discretion in a reasonable manner to impute income to the appellant for the period 2018 to 2021, during which his contribution to child support was almost nil. [ 2 ] No manifest error is set out in the Notice of appeal and as such the appellant has no reasonable chance of succeeding in appeal. FOR THESE REASONS, THE COURT: [ 3 ] GRANTS the motion to dismiss the appeal and DISMISSES the appeal, without judicial costs given the nature of the case. FRANÇOIS DOYON, J.A. MARK SCHRAGER, J.A. CHRISTINE BAUDOUIN, J.A.
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