2020 QCCA 898, 2020 QCCA 898
Opinion
Droit de la famille — 20938 2020 QCCA 898 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028835-205 ( 500-12-281679-054 ) MINUTES OF HEARING DATE: July 10, 2020 CORAM: THE HONOURABLE PATRICK HEALY, J.A. STEPHEN W. HAMILTON, J.A. STÉPHANE SANSFAÇON, J.A. APPELLANT COUNSEL A. AB. Mtre Samuel Cohen ( Services juridiques Samuel Cohen ) Absent RESPONDENT R. A. absent and Unrepresented IMPLEADED PARTIES L. AB. AB. AB.
AGENCE DU REVENU DU QUÉBEC ABSENT AND UNREPRESENTED On appeal from a judgment rendered on January 21, 2020 by the Honourable Carol Cohen of the Superior Court , District of Montréal . DESCRIPTION: Application for dismissal of the appeal and subsidiary request for a suretyship and a provision for costs (Art. 51, 364, 365 and 416 C.C.P. ) Clerk at the hearing : Elisabeth Lepage Courtroom: Pierre-Basile-Mignault HEARING 9:30 Continuation of the hearing held on July 6, 2020. The parties were excused from appearing in Court. BY THE COURT: Judgment – see page 3.
Conclusion of the hearing. Elisabeth Lepage, Clerk at the hearing JUDGMENT [ 1 ] Given the amended notice of appeal and after having heard the parties on the Respondent’s motion to dismiss, the Court will allow the appeal to proceed. [ 2 ] However, given the Appellant’s ongoing failure to pay the amounts due to the Respondent despite the judgments rendered and the trial judge’s finding that the Appellant is a vexatious litigant, this is an appropriate case for the Court to subject the appeal to the provision of a suretyship under
article 364 C.C.P. Using its discretion, the Court fixes the suretyship at $25,000. There is no evidence in support of the Respondent’s request for a provision for costs. FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES the motion to dismiss the appeal; [ 4 ] GRANTS the subsidiary request for a suretyship; [ 5 ] SUBJECTS the appeal to the provision of a suretyship of $25,000; [ 6 ] ORDERS the Appellant to furnish the suretyship within a delay of 30 days from the filing of this judgment; [ 7 ] DISMISSES the motion for a provision for costs; [ 8 ] The whole with judicial costs to follow. PATRICK HEALY, J.A. STEPHEN W. HAMILTON, J.A. STÉPHANE SANSFAÇON, J.A.
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