2021 QCCA 1587, 2021 QCCA 1587

Droit de la famille — 212025 2021 QCCA 1587 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029593-217 ( 500-12-346425-204 ) MINUTES OF HEARING DATE: October 22, 2021 THE HONOURABLE FRÉDÉRIC BACHAND, J.A. APPLICANT S. B. Present and unrepresented RESPONDENT COUNSEL O. A.

Mtre Luc Arnault ( Arnault, Thibault, Cléroux ) By videoconference DESCRIPTION: Amended application for leave to appeal from a judgment rendered in the course of the proceeding on May 13, 2021 by the Honourable Tiziana Di Donato of the Superior Court , District of Montréal (Art. 9, 17, 18, 31, 32, 174, 265, 276 and others C.C.P. art. 15.2 and following Divorce act ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 10:24 Commencement of the hearing. Identification of counsel. Preliminary comments. 10:25 Submissions by Mr S. B.

10:55 Submissions by Mtre Arnault. 11:04 Reply by Mr S. B. 11:07 BY THE JUDGE: Judgment will be rendered on the minutes of the hearing and will be sent to the parties. Conclusion of the hearing. Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] The applicant seeks leave to appeal from a judgment of the Superior Court ruling on provisional measures in the context of divorce proceedings. [ 2 ] Judgments of that nature are made within the course of a proceeding within the meaning of

article 31 C.C.P. [1] As such, they can be appealed only with leave. Leave is only granted in exceptional circumstances [2] , primarily because judgments on provisional measures rarely meet the requirements set out in

article 31 para. 2 C.C.P. , but also because they are generally highly discretionary. [ 3 ] Here, the applicant contends that the judge of first instance made a number of procedural errors that compromised his fundamental right to be heard. He also claims that the judge erred when she ordered the respondent to pay him interim spousal support in the net amount of $1,500 per month, which is far less than the net amount of $9,305 per month he was claiming. [ 4 ] The judge dismissed the applicant’s arguments after having reviewed the record in detail, and I see no basis upon which to conclude that her judgment causes him an irremediable injury as contemplated by

article 31 para. 2 C.C.P. Nor are there other exceptional circumstances warranting that leave to appeal be granted. FOR THESE REASONS, THE UNDERSIGNED: [ 5 ] DISMISSES the application for leave to appeal, without legal costs given the nature of the case. FRÉDÉRIC BACHAND, J.A.