Povylius c. Povylius-Simpson 2017 QCCA 1613 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026980-177 (550-17-008717-157) MINUTES OF THE HEARING DATE: October 16, 2017 CORAM: THE HONOURABLE yves-marie morissette , J.A. patrick healy , J.A. simon ruel , J.A. APPELLANT COUNSEL FRANK POVYLIUS Mtre MICHAEL N. BERGMAN (Bergman & Associates) RESPONDENTS COUNSEL NINA POVYLIUS-SIMPSON BRANDON SIMPSON AMANDA SIMPSON ISABEL FISHER Mtre DOMINIK LONGCHAMPS (Letellier Gosselin Duclos) On appeal from a judgment rendered on July 5, 2017 by the Honourable Justice Pierre Dallaire of the Superior Court, District of Gatineau

DESCRIPTION : Application to dismiss an appeal (Article 365 C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 14:05 Commencement of the hearing. Identification of counsel. 14:05 Submissions by Mtre Longchamps. 14:21 Submissions by Mtre Bergman. 14:36 Reply by Mtre Longchamps. 14:38 Recess. 14:50 Resumption of the hearing. 14:51 By the Court: judgment –see page 3.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Although it is possible that the appellant’s mental condition could have affected his capacity to conduct a civil case in another province, Ontario is the forum where this question could and should be debated and decided. [ 2 ] In the meantime, the judgment of the Superior Court of Quebec which exemplified the Ontario judgment of June 19, 2015 did so because all the conditions of

article 3155 C.C.Q . were met. None of the grounds of appeal stands a reasonable chance of undermining in law or in fact the determinations thus made by the trial judge in his judgment of July 5, 2017. [ 3 ] In the particular circumstances of this case, it would appear unwise to grant an order for costs in excess of what was already awarded in the Superior Court. FOR THESE REASONS, THE COURT: [ 4 ] GRANTS the Motion to dismiss the appeal, with legal costs; [ 5 ] DISMISSES the appeal, with legal costs.

yves-marie morissette , J.A. patrick healy , J.A. simon ruel , J.A.