Droit de la famille — 2265 2022 QCCA 99 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500- 09-029841-210 (500-12-342053-190) DATE: January 20, 2022 BEFORE THE HONOURABLE GUY COURNOYER, J.A. A. L. APPLICANT – Plaintiff v. F. LA.

RESPONDENT – Defendant JUDGMENT [ 1 ] The Applicant is seeking leave to appeal from a judgment rendered on November 26, 2021, by the Superior Court (the Honourable Justice Micheline Perrault) which quashed the seizure before judgment of a house inherited [1] by the Respondent. [ 2 ] Leave to appeal from such a judgment may be granted where the matter at issue is one that should be submitted to the Court of Appeal, for example because it involves a question of principle, a new issue or an issue of law that has given rise to conflicting judicial decisions [2] .

It may also be granted in the case of a serious error that may result in a flagrant injustice. Leave to appeal in such matters are exceptional and will generally be denied [3] . [ 3 ] The Applicant alleges numerous errors that do not need to be summarized. It further submit that the case raises an issue with respect to the

interpretation of s. 519 C.C.P. [ 4 ] The Applicant has not convinced me that the quashing of the seizure of that particular property creates reason to fear that the recovery of her claim might be jeopardized without that seizure. [ 5 ] In this case, the other assets under seizure exceeds the value of the Applicant’s claim. Furthermore, no serious error or flagrant injustice is demonstrated. [ 6 ] The criteria to be granted leave are not satisfied. FOR THESE REASONS, THE UNDERSIGNED: [ 7 ] DENIES leave to appeal; [ 8 ] WITHOUT costs. GUY COURNOYER, J.A. Mtre Maria Rita Battagila Mtre Sara-Lyna Lombardo MARIA R.

BATTAGLIA, AVOCATS For the Applicant Mtre Muriel Librati TEITELBAUM LIBRATI For the Respondent Date of hearing: January 12, 2022