2023 QCCA 293, 2023 QCCA 293
Opinion
Droit de la famille — 23273 2023 QCCA 293 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030403-232 ( 550-04-022177-220 ) MINUTES OF HEARING WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). DATE: March 2, 2023 THE HONOURABLE STEPHEN W. HAMILTON, J.A. APPLICANT M. G.
PRESENT AND UNREPRESENTED By videoconference RESPONDENT A. L. PRESENT AND UNREPRESENTED By videoconference DESCRIPTION: Application for leave to appeal from a judgment terminating the proceeding rendered on January 19, 2023 by the Honourable Jean Faullem of the Superior Court , District of Gatineau (Articles 30, para. 2 and 357 C.C.P. ). Clerk at the hearing : Anne Dumont Courtroom: RC-18 HEARING
9:27 Commencement of the hearing. Identification of the parties. Preliminary remark by the judge. Discussion between the judge and the parties. 9:29 Comment by the judge. Discussion between the judge and Mrs. G. regarding the automatic right of appeal. 9:30 Comment by the judge. Discussion between the judge and Mr.
L. regarding the automatic right of appeal. 9:31 Discussion between the judge and the parties regarding the procedures in front of the Superior Court. 9:37 Discussion between the judge and the parties regarding the next hearing date in front of the Superior Court. 9:38 BY THE JUDGE : Judgment – see page 3. Conclusion of the hearing.
Anne Dumont, Clerk at the hearing JUDGMENT WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). [ 1 ] The Petitioner is asking for leave to appeal from the judgment rendered on January 19, 2023, by the Superior Court, District of Gatineau (the honourable Jean Faullem), which declares that the Respondent is the father of X, born on [...], 2017, orders the rectification of the child’s birth certificate to add the Respondent as father, and orders the change of the child’s name to add to her name the Respondent’s last name. [1] The Petitioner contests only the change of the child’s name. [ 2 ] As the judgment terminates the proceeding and pertains to the status of the child, leave to appeal is not required, under the first paragraph of
Article 30 C.C.P. [2] FOR THESE REASONS, THE UNDERSIGNED: [ 3 ] DECLARES that the motion for leave to appeal is without object, and DISMISSES it without costs; [ 4 ] TAKES ACT of the Déclaration d’appel filed in the Court record on February 14, 2023, and DECLARES the appeal validly formed as of that date. STEPHEN W. HAMILTON, J.A.
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