2018 QCCA 1487, 2018 QCCA 1487
Opinion
Droit de la famille — 181954 2018 QCCA 1487 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027810-183 (500-04-073072-184) MINUTES OF THE HEARING DATE : September 13, 2018 THE HONOURABLE FRANÇOIS DOYON, J.A. PETITIONER COUNSEL D. O. Mtre JOHN T. PEPPER JR (Pepper, Villeneuve-Gagné) RESPONDENT COUNSEL C. K. Me HELEN SANDERS (O'Hanlon Sanders Teixeira) DESCRIPTION : Application for leave to appeal from a judgment rendered on September 11, 2018, by the Honourable Gary D.D. Morrison of the Superior Court, District of Montreal. (Art. 31 C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC.18 HEARING
14:08 Start of the hearing. Submissions by Mtre John T. Pepper Jr. 14:09 Mtre Helen Sanders moves the Judge not to consider certain affidavits attached to the application while ruling on it. Mtre Pepper does not oppose Mtre Sanders’ request and the documents in question are removed from the file, accordingly. 14:10 Me Pepper continues with his submissions. 14:25 Submissions by Mtre Sanders. 14:45 Rebuttal by Mtre Pepper. 14:49 Recess. 14:56 Resumption of the hearing. BY THE JUDGE : Judgment – See page 3. 14:57 End of the hearing.
Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The Petitioner is seeking leave to appeal an interim order, which requires deference by the Court of Appeal and which will be in force until November 6, 2018. It has to be noted that the Superior Court jurisdiction is not contested. [ 2 ] The Petitioner does not establish that the Superior Court Justice committed an error, either of law or of fact. In other words, the Petitioner fails to convince me that this appeal, should it be authorised, would have any reasonable chance of success.
Moreover, in the child’s best interests, the trial must proceed as soon as possible. FOR THESE REASONS, THE UNDERSIGNED: [ 3 ] DISMISSES the application seeking leave to appeal, without legal costs. FRANÇOIS DOYON , J.A.
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