2022 QCCA 570, 2022 QCCA 570

Droit de la famille — 22668 2022 QCCA 570 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-700077-225 ( 550-12-035267-193 ) MINUTES OF HEARING DATE: April 25, 2022 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. STEPHEN W. HAMILTON, J.A. BENOÎT MOORE, J.A. APPELLANT N. G. Unrepresented By videoconference RESPONDENT COUNSEL R. F. Mtre DAPHNÉ GAUTHIER By videoconference On appeal from a judgment rendered on January 10, 2022 by the Honourable Jean Faullem of the Superior Court , District of Gatineau . DESCRIPTION: Application to dismiss an appeal (Article 365 C.C.P .).

Application for provisional execution (Articles 355 and 661 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 10:35 Commencement of the hearing. Identification of counsel. 10:36 Representations by Mtre Gauthier 10:40 Submissions by Mrs. N. G. 11:06 Submissions by Mtre Gauthier 11:09 Recess of the hearing. 11:14 Resumption of the hearing. 11:14 By the Court: judgment – see page 3.

Robert Osadchuck, Clerk at the hearing JUDGMENT [ 1 ] The trial which resulted in the parties’ divorce lasted seven days in the Superior Court. [ 2 ] In paragraph 123 of a meticulously reasoned judgment of 57 pages, the trial judge observes that it is incumbent upon the parties themselves to make clear, from the evidence they adduced, what is the precise nature of their pecuniary claims. It is not for the court to engage in complex calculations from contested figures in an incomplete record. [ 3 ] The appellant here is self-represented.

Several of the grounds of appeal she lists in her notice of appeal are simply unintelligible. Those which are intelligible concern questions of fact in respect of which no suggestion of palpable and overriding errors is offered. In other words, the Court is invited to reconsider the whole of the evidence and to substitute its own appreciation of the factual issues in the case. Furthermore, in the conclusions of the appellant’s notice of appeal, there is no clear indication of the kind of relief she actually seeks from the Court. [ 4 ] This is an appeal which, as filed, stands no reasonable chance of success.

Accordingly, the respondent’s motion to dismiss must be granted, with costs. The motion for provisional execution during the appeal is therefore without object. FOR THESE REASONS, THE COURT: [ 5 ] GRANTS the Motion to dismiss the appeal, with legal costs; [ 6 ] DISMISSES the appeal, with legal costs. YVES-MARIE MORISSETTE, J.A. STEPHEN W. HAMILTON, J.A. BENOÎT MOORE, J.A.