2014 QCCA 1530, 2014 QCCA 1530

A.K. c. N.M. 2014 QCCA 1530 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024411-142 (500-17-034346-067) MINUTES OF THE HEARING DATE: August 6, 2014 CORAM: THE HONOURABLES MARTIN VAUCLAIR , J.A. GENEVIEVE MARCOTTE , J.A. MARK SCHRAGER , J.A. APPELLANT A. K. In person RESPONDENTS COUNSEL N. M. (Absent) BATSHAW YOUTH AND FAMILY CENTERS Mtre Pierre Bélanger Mtre Alexandra Hamel-Morisset ( Bélanger Longtin sencrl )

In appeal from a judgment rendered on April 4, 2014 by the Honourable Mr. Justice David R. Collier of the Superior Court, District of Montreal DESCRIPTION : Motion of Batshaw Youth and Family Centers to dismiss the appeal (Art. 497, 501 para. 1 (4.1) &

(5) C.C.P.) Motion to extend the time of the filing of the factum (Art. 505.1 C.C.P.) Clerk: Nadia Samy Courtroom: Pierre-Basile-Mignault HEARING 9:49 Commencement of hearing. 9:50 Mtre Bélanger refers to the letter dated August 5, 2014 sent by Mtre Hamel-Morisset to the Court Registry and requests confidentiality with respect to the court file.

The Court GRANTS the order and therefore: ORDERS that the Court file remain under seal, with access allowed only to the parties and their attorneys; and ORDERS the parties to maintain the confidentiality of the information contained in the court file, including all information that could lead to an identification of the parents or their children. 9:52 Mtre Bélanger specifies to the Court he only represents Batshaw Youth and Family Centers. 9:53 Mtre Bélanger has nothing to add to his motion. 9:54 Discussion between the Court and Mr. A. K. 9:55 Submissions by Mr. A. K. 9:58 Comments by Mtre Bélanger.

Mtre Bélanger requests the hearing to be in camera if specifics of the case would be mentioned throughout. 9:59 Recess. 10:03 Resumption. Discussion between the Court and Mr. A. K. 10:04 The Court requests that only members of the Barreau du Québec are allowed to remain in the courtroom. No member of the general public is present. 10:05 Continuation of submissions by Mr. A. K. 10:21 Reply by Mtre Bélanger. 10:24 Recess.

10:52 Resumption. Unanimous judgment – see page 4. 10:54 End of hearing. (

s) Clerk BY THE COURT JUDGMENT [ 1 ] A review of the Appellant's inscription in appeal confirms that he seeks the entire review of the evidence made at trial as well as the trial judge's assessment of the credibility of certain witnesses and his determination of the absence of evidence in other regards. [ 2 ] This is confirmed by the Appellant's verbal representations made to this Court. [ 3 ] Despite the Appellant's drafting, the errors of fact alleged are not, on the face of the inscription, palpable.

The only error of law alleged refers to the standard of proof applied by the trial judge. [ 4 ] A review of the lengthy and detailed judgment leads this Court to conclude that the proper standard of proof was applied by the trial judge throughout. [ 5 ] As far as the allegations concerning the trial judge's partiality are concerned, they are made without any specificity and are only triggered by the fact that the trial judge dismissed the case. [ 6 ] It is not the role of this Court to retry the case, which is what the Appellant is seeking. [ 7 ] Consequently, this appeal presents no reasonable chance of success.

FOR THESE REASONS, THE COURT: [ 8 ] DISMISSES the “Motion to extend the time of the filing of the factum”, without costs. [ 9 ] GRANTS the motion to dismiss the appeal and DISMISSES the appeal, with costs. MARTIN VAUCLAIR, J.A. GENEVIEVE MARCOTTE, J.A. MARK SCHRAGER, J.A.