2022 QCCA 1124, 2022 QCCA 1124

Droit de la famille — 221431 2022 QCCA 1124 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030027-221 ( 500-12-309265-118 ) 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: June 13, 2022 THE HONOURABLE BENOÎT MOORE, J.A. APPLICANT COUNSEL A. H.

Mtre MURIEL LIBRATI ( Teitelbaum Librati ) By videoconference RESPONDENT S. HA. PRESENT AND UNREPRESENTED By conference call DESCRIPTION: Application of the appellant for correction of a judgment (Article 338 C.C.P. ). Application to suspend the provisional execution of a judgment rendered in first instance regarding spousal support (Articles 379 and 660 C.C.P. ). Clerk at the hearing : René Gutknecht Courtroom: RC-18 HEARING 10:03 Commencement of the hearing. Identification of counsel. 10:07 Submissions by Mtre Librati concerning the application for correction of a judgment.

10:10 Mtre Librati renounces to the application for correction of a judgment and the application is now moot. 10:11 Discussion between the Court and Mme Ha.. 10:13 Discussion between the Court and Mme Ha. concerning the application to suspend the provisional execution of a judgment rendered in first instance regarding spousal support. 10:15 Discussion between the Court and the parties about deferring the application to the formation that will be at the July 7 th hearing, stay the provisional execution until the hearing and the retroactivity of the spousal support. 10:18 Recess of the hearing. 10:25 Resumption of the hearing.

Mtre Librati informs the Court that Mr H. agreed to pay the spousal support retroactively, since the judgement in first instance, for 4 months. 10:26 Mme Ha. informs the Court that she will not execute the other part of the judgment. 10:27 BY THE JUDGE: Judgment – see page 3. 10:28 Discussion between the Court and Mtre Librati. 10:29 Conclusion of the hearing.

René Gutknecht, Clerk at the hearing JUDGMENT 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 .). [ 1 ] The applicant presents two applications. [ 2 ] The first seeks a correction, under art. 338 of the Code of Civil Procedure , of the judgment I rendered on June 2, 2022.

In light of discussions at the hearing and given that the necessary information is apparent from the Court record, the applicant has withdrawn his application. [ 3 ] The second application seeks a safeguard order under art. 379 C.C.P. for the purpose of staying the provisional execution of the trial judgment, which retroactively fixed the spousal support owed by the applicant and ordered him to pay damages for abuse of procedure. [ 4 ] Given that, on July 7, 2022, a panel of the Court will hear an application for leave to appeal after the expiry of the time limit and an application to dismiss the appeal, the parties agreed to refer the application for a stay to the panel.

In the interim, the applicant has undertaken to pay the spousal support for April, May, June and July 2022 and the respondent has undertaken not to execute the other conclusions of the trial judgment. [ 5 ] I will thus take notice of these undertakings.

FOR THESE REASONS, THE UNDERSIGNED: [ 6 ] TAKES NOTICE that the applicant has withdrawn his Application for Correction of a Judgment ; [ 7 ] TAKES NOTICE of the applicant’s undertaking to pay the respondent the spousal support of $1,000 per month for the months of April, May, June and July 2022; [ 8 ] TAKES NOTICE of the respondent’s undertaking not to execute the other conclusions of the judgment rendered on April 6, 2022; [ 9 ] REFERS the Application to Suspend the Provisional Execution of a Judgment Rendered in First Instance Regarding Spousal Support to the panel that, on July 7, 2022, will hear the applicant’s Application for Leave to Appeal After the Expiry of the Time Limit and the respondent’s Application to Dismiss the Appeal; [ 10 ] WITHOUT legal costs given the nature of the case.

BENOÎT MOORE, J.A.