2022 QCCA 1632, 2022 QCCA 1632

Droit de la famille — 222101 2022 QCCA 1632 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-029954-229 ( 500-12-343760-199 ) MINUTES OF HEARING WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (arts. 15 and 16 C.C.P .). DATE: November 28, 2022 CORAM: THE HONOURABLE SIMON RUEL, J.A. BENOÎT MOORE, J.A. PETER KALICHMAN, J.A.

APPELLANT B. A. Unrepresented Absent RESPONDENT COUNSEL A. B. Mtre Farshad Sadafi Chaghooshi ( Farshad Sadafi Chaghooshi, avocat ) On appeal from a judgment rendered on February 7, 2022 , by the Honourable Marie-Anne Paquette of the Superior Court , District of Montreal . DESCRIPTION: Motion for dismissal of appeal for failure of the appellant to provide the deposit within the time limit and request for judicial and extrajudicial expense (article 51 to 56, 342 and 365 C.C.P . and 13 R.p.c. Cr. a .). Application for permission to add new evidence and to reject the appellant's request for postponement.

Clerk at the hearing : René Gutknecht Courtroom: Pierre-Basile-Mignault HEARING

10:47 Commencement of the hearing. Identification of the parties. The appellant is not present at the hearing. 10:48 Discussion between the Court and Mtre C haghooshi. 10:49 Submissions by Mtre C haghooshi. 10:50 Judgment – see page 4. Conclusion of the hearing.

René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] The Court is seized of a motion to dismiss the appeal because of the appellant's failure to pay a bond of $5,000 for the costs of the appeal and $40,000 to guarantee the execution of the trial judgment, as ordered by our colleague, Sansfaçon, J.A., on July 12, 2022. [ 2 ] This motion to dismiss was originally scheduled to proceed on September 26, 2022, but was postponed at the appellant’s request. [ 3 ] On October 11, 2022, the appellant's lawyer ceased representing the appellant.

The appellant, having been given notice to appoint counsel, which he did not do, is presumed to be representing himself. [ 4 ] On the morning of the hearing, the appellant requested a new hearing date by email. The Court denied this request and set for the hearing at 10:30 am. [ 5 ] The appellant was not present. [ 6 ] As the appellant has not posted the ordered bond, his appeal should be dismissed. FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motion to dismiss the appeal; [ 8 ] DISMISSES the appeal; [ 9 ] THE WHOLE , with legal costs. SIMON RUEL, J.A. BENOÎT MOORE, J.A. PETER KALICHMAN, J.A.