2022 QCCA 1628, 2022 QCCA 1628

Droit de la famille — 222098 2022 QCCA 1628 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030210-223 ( 550-12-035459-196 ) 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 L. S. Unrepresented By videoconference RESPONDENT E. P. Unrepresented By videoconference On appeal from a judgment rendered on August 17, 2022, by the Honourable Pierre Dallaire of the Superior Court , District of Gatineau . DESCRIPTION: Application to dismiss an appeal (article 365 C.C.P .). Clerk at the hearing : René Gutknecht Courtroom: Pierre-Basile-Mignault HEARING 12:17 Commencement of the hearing.

Identification of the parties. 12:18 Submissions by Mrs S.. 12:22 Discussion between the Court and Mrs S.. 12:24 Mrs S. resumes her submissions. 12:28 Recess of the hearing. 12:2 Resumption of the hearing. 12:32 The Court informs Mr. P. that it would not be necessary to hear his submissions. BY THE COURT: Judgment – see page 4. 12:34 Conclusion of the hearing.

René Gutknecht, Clerk at the hearing JUDGMENT [ 1 ] The Applicant filed a motion to correct material mistakes in the divorce judgment rendered by the Superior Court on January 11, 2021. The motion was dismissed by the Superior Court on November 22, 2022. The judge concluded that the motion was a disguised appeal of a final judgement. The Applicant appeals. The Respondent presents a motion to dismiss the appeal. [ 2 ] The appeal has no reasonable chance of success. [ 3 ] On its face, the motion to correct material mistakes attacks substantive findings and conclusions of the divorce judgement.

The divorce judgment is final. This Court granted a motion to dismiss the appeal and the Supreme Court denied leave. The motion to dismiss should therefore be granted and the appeal dismissed. [ 4 ] The appeal is based on a misunderstanding of the purpose of

article 338 of the Code of Civil Procedure and is therefore not abusive and does not constitute evidence of quarrelsome behaviour. FOR THESE REASONS, THE COURT: [ 5 ] GRANTS the application to dismiss an appeal, without costs. [ 6 ] DISMISSES the appeal, without costs. SIMON RUEL, J.A. BENOÎT MOORE, J.A. PETER KALICHMAN, J.A.