2022 QCCA 540, 2022 QCCA 540

Droit de la famille — 22642 2022 QCCA 540 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-029978-228 ( 500-12-341498-180 ) MINUTES OF HEARING DATE: April 14, 2022 THE HONOURABLE MARTIN VAUCLAIR, J.A. APPLICANT M. A. PRESENT AND Unrepresented RESPONDENT COUNSEL T. K. Mtre Marc-André Groleau ( Aide Juridique de Montréal ) DESCRIPTION: Application for leave to appeal from a judgment that terminates a proceeding on March 15, 2022 by the Honourable J. Sébastien Vaillancourt of the Superior Court , District of Montreal (Sections 30(4) and 357 C.C.P . ).

Clerk at the hearing : René Gutknecht Courtroom: RC-18 HEARING 11:23 Commencement of the hearing. Identification of counsel. 11:24 Submissions by Mr. M. A. 11:31 Submissions by Mtre Groleau. 11:35 Reply by Mr. M. A. 11:42 BY THE JUDGE: Judgment – see page 3. Conclusion of the hearing.

René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] I am seized with an application to appeal from a case management order, rendered March 15, 2022, by the Superior Court, district of Montreal (Hon. Sébastien Vaillancourt). [ 2 ] The applicant conclusively says the judgment is unfair.

He claims that the judgment is final because Justice Vaillancourt dismissed his “verbal request to access the child's psychological report.” [ 3 ] The judge writes: [16] CONSIDERING that Mtre Groleau declared at the hearing, after consulting with his client, that there is no such psychological report since the child is not consulting any psychologist; [17] CONSIDERING that the child, who is over 14 years old, is not present and therefore not in a position to give consent to the disclosure of any medical information; [ 4 ]

Article 32 of Code of Civil Procedure , CQLR c C-25.01 , provides: 32 . Case management measures relating to the conduct of a proceeding and rulings on incidental applications concerning the continuance of a proceeding, the joinder or severance of proceedings, the stay of a trial, the splitting of a proceeding or pre-trial discovery cannot be appealed.

However, if a measure or a ruling appears unreasonable in light of the guiding principles of procedure, a judge of the Court of Appeal may grant leave to appeal. [ 5 ] The applicant failed to demonstrate that the order appears unreasonable in light of the guiding principles of procedure. THEREFORE, THE UNDERSIGNED: [ 6 ] DISMISSES the application for leave to appeal, without legal costs. MARTIN VAUCLAIR, J.A.