Droit de la famille — 113841 2011 QCCA 2224 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021750-112 ( 700-12-037080-066 ) MINUTES OF THE HEARING DATE: December 1st, 2011 CORAM: THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. MARC BEAUREGARD, J.A. FRANÇOIS DOYON, J.A. APPELLANT(

S) ATTORNEY(

S) J. T. Mtre Daniel R. Guay GUAY ET ASSOCIÉS AVOCATS LTÉE RESPONDENT(

S) ATTORNEY(

S) JO. W. Mtre Monique Carmel IMPLEADED PARTIES ATTORNEY(

S) X Y Mtre Yves Pilon DUBÉ, PILON & ST-GEORGES

On appeal from a judgment rendered on May 6, 2011 by the Honourable Madam Justice Marie Gaudreau of the Superior Court, District of Terrebonne. NATURE OF THE APPEAL : Custody – alimentary pension Clerk: MARC LEBLANC Courtroom: PIERRE-BASILE-MIGNAULT HEARING 14h 19 Beginning of the hearing. 14 h 19 Argument of Mtre Guay. 14 h 29 Demand to amend to share custody during summer. 14 h 53 Argument of Mtre Carmel. 15 h 04 The Court doesn't have to hear Mtre Pilon. 15 h 04 Reply by Mtre Guay. 15 h 05 Suspension of the hearing. 15 h 07 Resumption of the hearing. Judgment rendered – see page 3. 15 h 09 The hearing is concluded. Marc Leblanc Clerk BY THE COURT JUDGMENT

[ 1 ] In effect, Appellant is inviting the Court to substitute its appreciation of the evidence to that of the judge of first instance. That is not the proper role of a court of appeal. [ 2 ] Appellant does not demonstrate that the first judge improperly exercised her discretion in establishing his income under

article 825.12 C.C.P . [ 3 ] Appellant also fails to show that the judgment below contains any error of law or any palpable and overriding error of fact. [ 4 ] FOR THESE REASONS, THE COURT : [ 5 ] DISMISSES the appeal, without costs. NICOLE DUVAL HESLER, C.J.Q. MARC BEAUREGARD, J.A. FRANÇOIS DOYON, J.A.