Droit de la famille — 20392 2020 QCCA 433 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028355-196 ( 500-04-068866-160 ) MINUTES OF HEARING DATE: March 12, 2020 THE HONOURABLE MANON SAVARD, J.A. APPLICANT COUNSEL P. (Pe.) T. Mtre ANNA KOTSOROS ( Maria R. Battaglia,avocats ) RESPONDENT COUNSEL S. m. Mtre Nathalie Desjardins ( Etude légale Nathalie Desjardins Inc .) Absente DESCRIPTION: Application to stay execution (Art. 390 al. 2 C.P.P. ) . Clerk at the hearing : Mélanie Camiré Courtroom: RC-18 HEARING 9:39 Commencement of the hearing. Identification of counsel.

By email dated March 11, 2020, Mtre Desjardins confirms that her client consents to the motion. Submissions by Mtre Kotsoros. BY THE JUDGE: Judgment – see page 3. 9:43 Conclusion of the hearing.

Mélanie Camiré, Clerk at the hearing JUDGMENT [ 1 ] On December 12, 2019, the Court granted the applicant’s appeal in part and dismissed the respondent’s incidental appeal. By this judgment, the Court authorized the last name of the parties’ child. [ 2 ] The applicant now seeks leave to appeal the judgment of the Court to the Supreme Court of Canada and has filed a notice of application for leave.

Pursuant to art. 390 C.C.P. , she moves for a stay of execution of the judgment of the Court of Appeal until the final resolution of the dispute. [ 3 ] The respondent, who does not agree with the reasons invoked by the applicant in her application for a stay and contests the merits of the application for leave before the Supreme Court of Canada, nevertheless consents that a stay be granted until the Supreme Court adjudicates on said application. [ 4 ] In these circumstances, and without taking any position on whether or not the requirements under art. 390 C.C.P. have been met, the application for a stay should be granted until the judgment on the application for leave to appeal is rendered.

FOR THESE REASONS, THE UNDERSIGNED : [ 5 ] GRANTS the application for a stay; [ 6 ] ORDERS that the execution of the judgment of the Court of Appeal dated December 17, 2019, in the present matter be stayed until the judgment of the Supreme Court on the applicant’s application for leave to appeal is rendered. [ 7 ] Without costs , given the nature of the file. MANON SAVARD, J.A.