2010 QCCA 2122, 2010 QCCA 2122

Droit de la famille — 103072 2010 QCCA 2122 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-020818-100 ( 500-12-271196-036 ) MINUTES OF THE HEARING DATE: November 18, 2010 THE HONOURABLE NICOLE DUVAL HESLER, J.A. APPELANT/CROSS-RESPONDENT ATTORNEYS P. C. Mtre Raphaël Levy Mtre Evangellia Tsotsis LEVY TSOTSIS RESPONDENT/CROSS-APPELLANT ATTORNEY PA. M. Mtre Gerald Stotland LAVERY DE BILLY

RESPONDENT/CROSS-APPELANT'S MOTION TO SUSPEND THE EXECUTION OF AN ORDER OF THE COURT OF APPEAL, TO POSTPONE THE PRESENTATION OF APPELLANT/CROSS-RESPONDENT’S MOTION, TO EXTEND THE DELAYS TO FILE HER EXPOSÉ, AND TO REDUCE THE DELAYS TO SERVE THE PRESENT MOTION Clerk: Annick Nguyen Court Room: RC.18 HEARING 11:49 Commencement of the hearing. 11:49 Submission by Mtre Stotland. Me Levy is not contesting the Motion to extend delays to file exposé . 11:52 Submission by Mtre Levy. 12:11 BY THE JUDGE. Judgment – See page 3.

Annick Nguyen Clerk JUDGMENT [ 1 ] First, the request for the extension of delays to file the exposé is granted by consent. The deadline is fixed to March 15, 2011. [ 2 ] Second, the request for postponement of Appellant's latest Motion for Safeguard Order is granted sine die. Here are my

reasons. [ 3 ] What Appellant is seeking to do is to introduce new evidence which would justify extending the delay to satisfy the Court's Safeguard Order of October 6, 2010 insofar as it ordered payments of monies to Respondent. [ 4 ] The parties are to proceed before the Superior Court on November 29, 2010, next, on the latest Motion for Security for Costs of Respondent.

Nothing prevents Appellant from presenting the judge of the Superior Court, at the same time, with a Motion alleging new facts and seeking from him or her an extension of the delay to satisfy the Safeguard Order of October 6, nor from asking him or her to deal with any other issue regarding the execution of that Safeguard Order. [ 5 ] As a general rule, an appellate Court hears matters once they have been adjudicated below. Rights which may or may not arise from facts subsequent to the latest Safeguard Order should first be argued in the Superior Court.

FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] GRANTS the Motion for extension of delays to file Respondent's brief and FIXES the deadline for such filing at March 15, 2011; [ 7 ] POSTPONES the Appellant's new Motion for Safeguard Order, sine die; [ 8 ] THE WHOLE with costs to follow. NICOLE DUVAL HESLER, J.A.