2015 QCCA 1036, 2015 QCCA 1036
Opinion
Droit de la famille — 151375 2015 QCCA 1036 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024951-154 (760-12-022693-125) MINUTES OF THE HEARING DATE: June 8, 2015 CORAM: THE HONOURABLE marie-france bich , J.A. geneviève marcotte , J.A. robert m. mainville , J.A. APPELLANT COUNSEL E. M. Mtre DOMINIQUE TURCOTTE (Andrew H. Heft Avocats) RESPONDENT COUNSEL P. T. Mtre ANGELA DI VIRGILIO (Dionne Di Virgilio) On appeal from a judgment rendered on November 28 th , 2014 by the Honourable Justice Pierre Béliveau of the Superior Court, District of Beauharnois
DESCRIPTION : Amended motion to dismiss the appeal and for security (Articles 501 (4.1) &
(5) C.C.P . & 497 C.C.P.) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:55 Commencement of the hearing. Identification of counsel. 9:55 Submissions by Mtre Di Virgilio. 10:06 Submissions by Mtre Turcotte 10:16 Reply by Mtre Di Virgilio. 10:20 Recess of the hearing. 10:41 Resumption of the hearing. 10:41 By the Court: judgment – see page 3. 10:42 Conclusion of the hearing.
Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] Despite the difficulties awaiting the appellant in view of the applicable standard of review, we are not convinced that the appeal has no reasonable chance of success. [ 2 ] However, in light of the circumstances, we are of the view that security should be ordered pursuant to
article 501, 2 nd para, C.C.P. , in the amount of $125,000. FOR THESE REASONS, THE COURT: [ 3 ] DISMISSES the respondent's amended motion insofar as the dismissal of the appeal is concerned; [ 4 ] GRANTS the respondent's amended motion regarding security; [ 5 ] ORDERS the appellant, as a condition of the appeal, to provide security in the amount of $125,000, to be furnished within 60 days of the present judgment, i.e. at the latest on August 7 th , 2015; [ 6 ] Costs to follow.
marie-france bich, J.A. geneviève marcotte, J.A. robert m. mainville, J.A.
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