Droit de la famille — 131018 2013 QCCA 733 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-020897-104 ( 500-12-284938-069) MINUTES OF THE HEARING DATE: April 15, 2013 CORAM: THE HONOURABLE JACQUES R. FOURNIER, J.A. MARIE ST-PIERRE, J.A. JACQUES VIENS, J.A. (ad hoc) APPELLANT – INCIDENTAL RESPONDENT ATTORNEY J. S. Personally RESPONDENT – INCIDENTAL APPELLANT ATTORNEY D. Z. Mtre Monica Maynard Monica Maynard, avocate Motion of the Appellant to introduce new evidence and amend factum.

Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING 10 h 46 Submissions by Madam J. S. 11 h 11 Suspension. 12 h 22 Resumption. 12 h 22 Submissions by Mtre Monica Maynard. PAR LA COUR: 12 h 24 Judgment – see page 3.

Marcelle Desmarais Clerk BY THE COURT JUDGMENT [ 1 ] The proof that the appellant wants to introduce is not new proof within the meaning of the Code of Civil Procedure . [ 2 ] The motion is granted but only on the issue of the proposed amendment to the factum and accordingly the appellant is authorized to add the following paragraph: 11.5 It should be noted at paragraph 144 of the judgment (A.F. page 35), Justice Alary states that the Respondent did not provide one receipt with respect to the renovations of his home. The Respondent did not prove when the renovations were performed on the house.

As the house was an asset forming part of the partnership of acquests (which for reasons unknown to the Appellant was erroneously excluded from the calculation) it is assumed that the value of the renovations should also form part of the partnership of acquests because the Respondent did not prove that said renovations were executed after the cut-off date, being June 2006. Consequently, it is assumed that these renovations form part of the partnership of acquests pursuant to

article 460 of the C.C.Q.

JACQUES R. FOURNIER, J.A. MARIE ST-PIERRE, J.A. JACQUES VIENS, J.A. (ad hoc)