2015 QCCA 851, 2015 QCCA 851

Droit de la famille — 151040 2015 QCCA 851 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024741-142, 500-09-025147-158 (500-12-273453-047) MINUTES OF THE HEARING DATE: May 7, 2015 CORAM: THE HONOURABLE JULIE DUTIL , J.A. JACQUES J. LEVESQUE , J.A. JEAN-FRANÇOIS ÉMOND , J.A. No: 500-09-024741-142 APPELLANT COUNSEL SP. P. Mtre ANTONELLA PETROLITO RESPONDENT COUNSEL S. G. Mtre Muriel LIBRATI ( ( Teitelbaum Librati ) IMPLEADED PARTY COUNSEL (

X) Mtre VALENTIN MOLPECERES No: 500-09-025147-158

PETITIONER COUNSEL C. P. Mtre VALENTIN MOLPECERES RESPONDENTS COUNSELS S. G. Mtre Muriel librati ( Teitelbaum Librati ) SP. P. Mtre ANTONELLA PETROLITO 500-09-024741-142 In appeal from a judgment rendered on August 29, 2014, by the Honourable Madam Justice Pepita G. Capriolo, of the Superior Court, District of Montreal. 500-09-025147-158 Motion for leave to appeal from a judgment rendered on February 27, 2015 by the Honourable Madam Justice Marie-Anne Paquette, of the Superior Court, District of Montreal. (Articles 29, 494 and 511 of the C.p.c .) NATURE OF THE APPEAL : Family – accessory measures Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer

HEARING 9:31 Commencement of the hearing. Identification of counsel. 9:31 Submissions by Mtre Antonella Petrolito. 10:00 Submissions by Mtre Valentin Molpeceres. 10:16 Suspension of the hearing. 10:24 Resumption of the hearing. Unanimous judgment - see page 3 Marcelle Desmarais Clerk BY THE COURT JUDGMENT [ 1 ] The Court is of the opinion that the appellant failed to establish that the Superior Court judgment was affected by a manifest and overriding error. [ 2 ] Her decision to grant sole custody of the child to the respondent is based on the evidence, particularly on the experts’ testimony and reports.

This is one of those exceptional cases where a court can set aside the opinion of a 12 year old child. [1] [ 3 ] With respect to the evaluation of the appellant’s annual income, the judge wrote : [52] Given the Father's deliberate refusal to provide financial information and tax returns despite judgments ordering him to do so. [53] Given the Father's stated expenses of approximately $4 000 a month and his revenue from rental properties of $26 000 a year, the Court attributes an income of $100 000 per year until such time as he will provide the Court with proof of a different income . [ 4 ] The appellant provided no documents to establish his income.

The judge was obliged to effect an evaluation and, in doing so, she has wide discretion. She committed no reversible error. [ 5 ] The Court is also of the opinion that she did not err in granting a provision for costs of $ 22 000 to the respondent. FOR THESE REASONS, THE COURT: [ 6 ] DISMISSES the appeal, without costs. [ 7 ] DISMISSES the motion for leave to appeal, without costs, the motion being moot.

JULIE DUTIL, J.A. JACQUES J. LEVESQUE, J.A. JEAN-FRANÇOIS ÉMOND, J.A.