2023 QCCA 1103, 2023 QCCA 1103

APPLICANT A. B. PRESENT AND UNREPRESENTED By videoconference RESPONDENT COUNSEL D. G. Mtre GARANCE PARADIS LEMAIRE ( Brook Légal ) Absent IMPLEADED PARTY COUNSEL Directeur de la protection de la jeunesse Mtre MARIE EVE GUINDON ( CIUSSS

A) Absent Droit de la famille — 231536 2023 QCCA 1103 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030480-230 ( 500-04-079148-22 8) (525-41-039448-212) MINUTES OF HEARING WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). DATE: July 6, 2023 CORAM: THE HONOURABLE STÉPHANE SANSFAÇON, J.A. FRÉDÉRIC BACHAND, J.A.

LORI RENÉE WEITZMAN, J.A. DESCRIPTION: Application for leave to appeal a judgement (Article 30, para. 2. 357 and 31 C.C.P .) Clerk at the hearing : René Gutknecht Courtroom: Pierre-Basile-Mignault HEARING

9:50 Commencement of the hearing. Continuation of the hearing held on July 5 th , 2023. The parties were excused from appearing in Court. BY THE COURT : Judgement – see page 4. Conclusion of the hearing.

René Gutknecht, Clerk at the hearing JUDGMENT WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). [ 1 ] The applicant seeks leave to appeal outside the time limit for appealing from a judgment rendered by the Superior Court on March 3, 2023, declaring that the respondent is the father of her child. [ 2 ] Her application also indicates that she wishes to appeal a judgment rendered by the Court of Québec (Youth Division).

However, because the record only contains a notice of appeal pertaining to the judgment of the Superior Court, we consider her application only insofar as it relates to that judgment. [ 3 ] The Superior Court’s judgment relates to personal status within the meaning of

article 30 para. 1 C.C.P. It may thus be appealed as of right. Moreover, the record shows that the appeal was initiated within the 30-day time limit.

The application for leave to appeal is therefore unnecessary. [ 4 ] With respect to the Court of Québec (Youth Division) judgment that the applicant wishes to appeal, we understand that it is the [...], 2023, judgment granting the Director of Youth Protection A application seeking a declaration that the child’s security and development continued to be compromised under the Youth Protection Act [1] (“ Act ”), as well an order to the effect that the child be entrusted to the care of his father.

In addition to strongly recommending that the applicant receive therapeutic services to address her personal difficulties and be followed by a medical professional, that judgment also declared her to be a vexatious and quarrelsome litigant. [ 5 ] As the applicant seems to be under the mistaken belief that the Court of Québec (Youth Division) judgment can be appealed before this Court, it bears noting that, pursuant to sections 99 et seq. of the Act , an appeal from a decision rendered under the authority thereof lies with the Superior Court rather than this Court.

FOR THESE REASONS, THE COURT: [ 6 ] DISMISSES as unnecessary the application for leave to appeal, without legal costs given the nature of the matter, from the judgment rendered by the Superior Court on March 3, 2023. STÉPHANE SANSFAÇON, J.A. FRÉDÉRIC BACHAND, J.A.

LORI RENÉE WEITZMAN, J.A.