2019 QCCA 41, 2019 QCCA 41

Droit de la famille — 1928 2019 QCCA 41 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028031-193 (500-12-327711-150) MINUTES OF THE HEARING DATE: January 17, 2019 THE HONOURABLE MARIE-FRANCE BICH, J.A. APPELLANT COUNSEL E. D. Mtre ROBERT PANCER Mtre Angeliki PAPADIMITROPOULOS (Phillips Friedman Kotler s.e.n.c.r.l.) RESPONDENT COUNSEL a. V. Mtre raphael levy ( Levy Tsotsis avocats) DESCRIPTION: Application of the Appellant for stay of execution of a judgment rendered on November 21, 2018 by the Honourable Justice François P.

Duprat of the Superior Court, District of Montreal. (Art. 49, 660 C.C.P. ) Application of the Respondent seeking for provision for costs and a security for costs. (Art. 364, 416 C.C.P. ) Clerk: Mihary Andrianaivo Courtroom: RC.18

HEARING 15:10 Commencement of the hearing. 15:11 Exchanges between the Judge and Mtre Raphael Levy with regard to his motion for provision for costs and a security for costs. The Judge informs Mtre Levy that she has no jurisdiction to rule on the motion for provision for costs in appeal which should be addressed to the Superior Court.

She can however rule on the security for costs (art. 364 C.C.P. ). 15:12 Exchanges between the Judge and Mtre Angeliki Papadimitropoulos. 15:48 Mtre Papadimitropoulos submits that, if the stay of execution is ordered, the Appellant undertakes to go on paying all household expenses (family residence), children expenses, plus spousal support in the amount of $1,000 per month.

All execution measures would remain in place. 15:57 Subsidiarily, Mtre Papadimitropoulos moves the Court to issue a safeguard order under ss. 49 and 379 C.C.P. and stay the execution of the Superior Court’s judgment until a panel of three judges of the Court may rule on a motion to present indispensable new evidence, to be filed shortly. 16:00 Submissions by Mtre Levy. 16:26 Mtre Levy suggests that, in order to settle the matter of the provisional execution of the judgment of the Superior Court, the Appellant should pay $250,000 to his client by 4:00PM, tomorrow.

He further asks that, by the end of next week, the Appellant make a deposit $400,000 into a joint account ( Phillips Friedman Kotler s.e.n.c.r.l./Levy Tsotsis avocats ), in trust. 16:49 Rebuttal by Mtre Robert Pancer. 17:04 Additional address by Mtre Levy. 17:05 BY THE JUDGE: Safeguard order – See page 4. 17:07 Address by Mtre Pancer. 17:08 End of the hearing. Mihary Andrianaivo Clerk BY THE JUDGE JUDGMENT [ 1 ] The application being taken under advisement, the following safeguard order will be issued (art. 379 and 660 C.C.P. ) in order to ensure the status quo between the parties.

THEREFORE, THE UNDERSIGNED: [ 2 ] ORDERS the stay of the provisional execution of the judgment rendered by the Superior Court, district of Montreal (the honourable Mr. Justice François P. Duprat), dated November 21, 2018, in file 500-12-327711-150; [ 3 ] SUSPENDS and STAYS all execution measures of any kind (including the sale of a Ferrari car scheduled to take place on January 18, 2019) and post-judgment examinations; [ 4 ] These orders shall stay in force until judgment by the undersigned on the “ Appellant’s application for the suspension/stay of execution of a judgment dated November 21, 2018 ”;

[ 5 ] Judicial costs to follow. MARIE-FRANCE BICH, J.A.