2019 QCCA 104, 2019 QCCA 104

Droit de la famille — 1976 2019 QCCA 104 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027750-181 (505-04-014782-064) MINUTES OF THE HEARING DATE: JANUARY 21, 2019 CORAM: THE HONOURABLE JACQUES CHAMBERLAND , J.A. GENEVIÈVE MARCOTTE , J.A. PATRICK HEALY , J.A. APPELLANT M. J. IN PERSON RESPONDENT COUNSEL L’AGENCE DU REVENU DU QUÉBEC Mtre JOSÉE PROVOST (Larivière Meunier) IMPLEADED PARTY Z. Z. On appeal from a judgment rendered on February 15, 2018 by the Honourable Justice Aline U.K. Quach of the Superior Court, District of Longueuil

DESCRIPTION : Application to dismiss an appeal (Article 365 C.C.P .) Letter from the Clerk of the Quebec Court of Appeal to appellant dated October 3, 2018 Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9:36 Commencement of the hearing. Identification of counsel. 9:36 Request by M. J. to postpone the hearing. Submissions by M. J.. 9:59 Recess. 10:11 Resumption of the hearing. 10:11 By the Court: judgment – see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] With regard to appellant’s request for an adjournment, the request is DISMISSED .

Appellant filed with the Court, one week ago, a “Response to Defendant’s Dismissal Request” dated January 13, 2019, document to which were attached various documents supporting her contestation of respondent’s motion. In addition, Mrs. J. took the opportunity of the hearing this morning to repeat the arguments raised in the material already filed with the Court.

She was also given the opportunity to fully explain her position with regard to her appeal from the judgment of February 15, 2018. [ 2 ] The appeal could only be initiated with leave granted by the Court or a judge of the Court, since the judgment is one “ruling on execution matter” (art. 30, para. 2

(8) C.C.P. ), or “the value of the subject matter of the dispute in appeal is less than $60,000” (art. 30, para. 2

(1) C.C.P. ), or finally, it was initiated beyond the strict time limit of 30 days imposed under articles 360 and 363 C.C.P . [ 3 ] In addition, this is not a situation where the Court ought to authorize an appeal under

article 363 C.C.P . Leaving aside the question of whether or not “it was impossible in fact for the appellant [Mrs. J.], to act earlier”, the Court is of the view that the appeal has no reasonable chance of success whatsoever. FOR THESE REASONS, THE COURT: [ 4 ] GRANTS respondent, Agence du revenu du Québec’s Requête en rejet d’appel (Motion to dismiss the appeal); [ 5 ] DISMISSES the appeal; and [ 6 ] DISMISSES Mrs. J.’s request for leave to appeal beyond the 30-day time limit (see Notice of appeal dated July 31, 2018, para. 30); [ 7 ] With legal costs in favour of respondent, Agence du revenu du Québec.

JACQUES CHAMBERLAND, J.A. GENEVIÈVE MARCOTTE, J.A. PATRICK HEALY, J.A.