Droit de la famille — 221722 2022 QCCA 1379 COURT OF APPEAL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTREAL N° : 500-09-029661-212 (500-12-337028-173) DATE : September 29, 2022 CORAM: THE HONOURABLE JULIE DUTIL, J.C.A. SIMON RUEL, J.C.A. GUY COURNOYER, J.C.A. A. S. APPELLANT – Plaintiff c. Z. W.

RESPONDENT – Defendant 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 appellant appealed from a judgment rendered on July 22, 2021 by the Superior Court (the honourable Micheline Perrault), granting her request for a divorce from the respondent, dissolving the matrimonial regime of partnership of acquests and ordering the partition of the net value of the assets included in the family patrimony. [ 2 ] After the filing of the notice of appeal, the parties came to an agreement dated October 26, 2021, modifying the partition of assets.

They filed jointly to the Court an Application for permission to present indispensable new evidence, namely the agreement. [ 3 ] The Court granted the Application on January 31, 2022 and referred the decision regarding the admissibility and probative weight to be given to the new evidence to the panel that will hear the appeal. [ 4 ] The Court is of the opinion that the agreement dated October 26, 2021, should be homologated.

FOR THESE REASONS, THE COURT: [ 5 ] HOMOLOGATES and GIVES EFFECT to the agreement dated October 26, 2021; [ 6 ] DECLARES that the agreement modifies and replaces paragraphs 92, 95 to 98,99 and 100 of the judgment rendered by the Superior Court on July 22, 2021; [ 7 ] DECLARES that the other conclusions of judgment remain unchanged; [ 8 ] THE WHOLE without costs. JULIE DUTIL, J.C.A. SIMON RUEL, J.C.A.

GUY COURNOYER, J.C.A. A. S. Appellant, Unrepresented Z. W. Respondent, Unrepresented Date of hearing September 29, 2022