Droit de la famille — 132602 2013 QCCA 1654 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023656-135 ( 540-12-014150-080 ) MINUTES OF THE HEARING DATE: September 23, 2013 CORAM: THE HONOURABLE YVES-MARIE MORISSETTE, J.A. JACQUES J. LEVESQUE, J.A. MANON SAVARD, J.A. APPELLANT ATTORNEY K. R. Mtre Franco Iezzoni PATERAS & IEZZONI INC . RESPONDENT ATTORNEY M. V. Mtre Benjamin Prud'homme ROBINSON SHEPPARD SHAPIRO

Motion to dismiss the appeal from a judgment rendered on May 10, 2013 by the Honourable Madam Justice Sylvie Devito of the Superior Court, District of Laval, and request for sanctions. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 11 h 48 Beginning of the hearing. 11 h 48 The Court asks Mtre Iezzoni to plead first. 11 h 48 Submissions by Mtre Iezzoni. 12 h 09 Submissions by Mtre Prud'homme. 12 h 16 Submissions by Mtre Prud'homme. 12 h 19 Reply by Mtre Iezzoni. 12 h 20 Recess. 12 h 27 Resumption of the hearing. 12 h 29 By the Court: judgment.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The Court is of the view, unanimously, that this appeal, as formed, and focusing exclusively on findings of fact, arrived at after a careful weighing of conflicting evidence in a manner consistent with the overall flavour of the file, presents no reasonable chance of success. [ 2 ] As for the conclusion pertaining to damages in the motion to dismiss the appeal, the respondent does not persist in pressing it before this Court, and wisely so, for stridency of this nature is not conducive to a harmonious resolution of the dispute between the parties.

FOR THESE REASONS, THE COURT:

[ 3 ] GRANTS the motion to dismiss the appeal, without costs; [ 4 ] DISMISSES the appeal, without costs, it being a family matter. YVES-MARIE MORISSETTE, J.A. JACQUES J. LEVESQUE, J.A. MANON SAVARD, J.A.