2024 QCCS 323, 2024 QCCS 323

Droit de la famille — 24111 2024 QCCS 323 SUPERIOR COURT CANADA PROVINCE OF QUEBEC DISTRICT OF MONTRÉAL No: 500-12-294961-085 DATE: February 2, 2024 ______________________________________________________________________ IN THE PRESENCE OF THE HONOURABLE MICHÈLE MONAST, J.S.C. ______________________________________________________________________ C. R. Plaintiff v. P. M.

Defendant and [COMPANY A] Mis en cause ______________________________________________________________________ REASONS OF THE JUDGMENT RENDERED ORALLY ON FEBRUARY 2, 2024 [1] [ 1 ] SEEING that the Defendant is seeking a variation of the spousal support payable to the Plaintiff according to a judgment of Divorce which was rendered on December 14, 2009, and was modified on January 20, 2017; [ 2 ] SEEING that, in his Motion to vary the Accessory measures, the Defendant alleges that he no longer has the financial capacity to pay the amount of spousal support established for the benefit of the Plaintiff because the value of his income and of his assets have decreased significantly since the judgment of divorce was rendered in December 2009; [ 3 ] SEEING that the Plaintiff is contesting the right of the Defendant to obtain this variation order; [ 4 ] SEEING that the Defendant’s Motion to vary the accessory measures was scheduled to be heard by default on October 30, 2023, and was postponed at the request of the Plaintiff; [ 5 ] SEEING that the Court fixed the hearing of the motion of the Defendant on a peremptory basis to February 2, 2024, in room 2.01 for one day and instructed the Plaintiff that the case would proceed at that date whether she was present and represented or not; [ 6 ] SEEING that, on January 17, 2024, other case files numbered 500-17-[...] 500-17-[...], 500-17-[...] and 500-17-[...], involving the parties, were referred to the coordinating judge for the District of Montreal in order that he decide the Application for Special case management presented by the Plaintiff; [ 7 ] SEEING that the Plaintiff is seeking a special case management order in the present file and the postponement of the hearing which was scheduled to take place today because many questions including the fiduciary duties of the Defendant, the obligations of the family trust and the value of its assets are also at issue in these other files; [ 8 ] SEEING that the Defendant opposes the postponement of the hearing and argues that he should not be prevented to proceed given the nature of his motion and the need to review the spousal support without delay in view of his financial situation and the amounts involved; [ 9 ] CONSIDERING that these other files, which have been referred to the coordinating judge to determine whether a special case management order should be rendered, raise certain issues regarding the obligations of the Defendant and the rights of the Plaintiff in relation to the family trust and its assets; [ 10 ] CONSIDERING that the hearing has to be postponed because a one-day hearing is manifestly insufficient to dispose of the issues in dispute between the parties; [ 11 ] CONSIDERING that the Plaintiff is self-represented; [ 12 ] CONSIDERING that a special case order could ensure the orderly progress of the proceedings in this file and others taking into consideration their nature, their character and their complexity; [ 13 ] CONSIDERING that the assistance of a special case management judge who would have an overall perspective of the issues would benefit the parties and would be in the interest of justice;

FOR THESE REASONS, THE COURT : [ 14 ] GRANTS the Motion for postponement presented by the Plaintiff; [ 15 ] INSTRUCTS the parties to complete a common declaration for the scheduling of a hearing not exceeding three (3) days; [ 16 ] REFERS this file to the coordinating judge for the District of Montreal in order for him to decide the application for special case management; [ 17 ] THE WHOLE , without costs. __________________________________ MICHÈLE MONAST, J.S.C. Mrs. C. R. Plaintiff (self-represented) Me Narjisse Imaddahen Attorney for the Defendant Date of hearing: February 2, 2024