2017 QCCA 1371, 2017 QCCA 1371

Droit de la famille — 172115 2017 QCCA 1371 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026978-171 (500-12-335437-178) MINUTES OF THE HEARING DATE: September 13, 2017 THE HONOURABLE NICHOLAS KASIRER, J.A. PETITIONER COUNSEL MI. E. Mtre ANDREW H. HEFT (Heft Droit de la Famille inc) RESPONDENT COUNSEL M. P. Mtre JULIA CORCOS on behalf of Mtre RANDI KORZINSTONE (Azran & associés avocats inc.) DESCRIPTION: Application for leave to appeal from a judgment rendered in the course of the proceedings on August 1, 2017 by the Honourable Guylène Beaugé of the Superior Court, District of Montreal. (Art. 31 C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 9:37 Commencement of the hearing. Identification of counsel. Mtre Corcos orally asks for an adjournment of the hearing. 9:38 Exchanges between the Judge and the parties. 9:41 Recess. 11:18 Resumption of the hearing. Submissions by Mtre Corcos regarding her request for adjournment. 11:27 Submissions by Mtre Heft as to the request for adjournment. 11:30 Exchanges between the Judge and the parties. 11:34 Suspension of the hearing. 11:41 Resumption of the hearing. BY THE JUDGE: Judgment with respect to the request for adjournment – See page 3. 11:43 End of the hearing.

Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] Mi. E. seeks leave to appeal from a judgment of the Superior Court, District of Montreal, (Madam Justice Guylène Beaugé), rendered on August 1, 2017, which granted in part a safeguard order presented by M. P. in connection with divorce proceedings between the parties and, in the same judgment, dismissed a motion for a safeguard order brought by Mr E.. [ 2 ] Counsel for Ms P., for personal reasons, was unable to attend court this morning. A colleague from her office appeared before me to ask for a postponement of the motion until September 27, 2017.

This request, which is a reasonable one, was not contested. [ 3 ] Counsel for the parties discussed how matters might proceed in the interim given their divergent interests in respect of the sale of the family residence. [ 4 ] I take note that, after discussion, they agreed that the effects of the judgment of the Superior Court should be suspended until after the motion for leave is heard on September 27, 2017.

FOR THE FOREGOING REASONS , the undersigned: [ 5 ] GRANTS the respondent’s motion for a postponement until September 27, 2017; [ 6 ] ACKNOWLEDGES the parties’ agreement to suspend execution of the judgment of the Superior Court until after the motion for leave to appeal is heard on September 27, 2017; [ 7 ] FIXES the hearing of the petitioner’s motion for leave to appeal on September 27, 2017, at 9:30 a.m.; [ 8 ] Without legal costs.

NICHOLAS KASIRER, J.A.