Droit de la famille — 21914 2021 QCCA 863 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029491-214 ( 500-12-270289-030 ) MINUTES OF HEARING DATE: May 20, 2021 THE HONOURABLE MARIE-JOSÉE HOGUE, J.A. APPLICANT I. T. PRESENT AND Unrepresented RESPONDENT COUNSEL A. B. Mtre Christian Dufourd ( Dufourd Dion, avocats ) Absent DESCRIPTION: Application to extend the expiration of the time fixed for instituting an appeal ( Art. 21(4) Divorce Act ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:15 Continuation of the hearing held on May 18, 2021. The parties were excused from appearing in Court.

BY THE JUDGE: Judgment – see page 3. 9:17 Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] Applicant requests an extension of the time limit to appeal a judgment of the Superior Court, District of Montreal (the Honourable Mr. Justice Paul Mayer), rendered on March 25, 2121.

The notice of such judgment was issued on April 6, 2021. [ 2 ] The judgment dismisses his application for homologation and enforcement of an agreement reached with Respondent , his former spouse, declares him guilty of abuse of procedure and orders him to pay $25 215.10 to Respondent for legal costs and damages. [ 3 ] Although the judgment of the Superior Court bears the divorce file number, since the application for homologation and enforcement was filed by the Applicant in the divorce file, it is not a judgment or an order rendered or made by a Court under the Divorce Act , as the Respondent acknowledges it. [ 4 ] As such, the appeal is not governed by the Act but rather by the Civil Code of Procedure which provided for a delay of 30 days after the date of the notice of judgment if the judgment was not rendered at the hearing (360 C.C.P .). [ 5 ] The notice of appeal having been notified and filed within such a delay, the application to extend the expiration of the time fixed for instituting an appeal has no object.

FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] DISMISSES the Application to extend the expiration of the time fixed for instituting an appeal; [ 7 ] THE WHOLE without costs. MARIE-JOSÉE HOGUE, J.A.