2013 QCCA 1913, 2013 QCCA 1913
Opinion
Droit de la famille — 133098 2013 QCCA 1913 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-023610-132 ( 760-12-021284-090) MINUTES OF THE HEARING DATE: November 7, 2013 CORAM: THE HONOURABLE ALLAN R. HILTON, J.A. LORNE GIROUX, J.A. JACQUES DUFRESNE, J.A. APPELLANT ATTORNEY(
S) K. M. Mtre Jean-Marie Fontaine Borden Ladner Gervais, s.e.n.c.r.l., s.r.l. RESPONDENT ATTORNEY(
S) G. I. Mtre Jacinthe Lucie Leroux. IMPLEADED PARTY ATTORNEY(
S) AGENCE DU REVENU DU QUÉBEC
On appeal from a judgment rendered on May 1, 2013, by the Honourable Madam Justice Nicole-M. Gibeau of the Superior Court, District of Beauharnois. NATURE OF THE APPEAL : Accessory measures Clerk: Marcelle Desmarais Courtroom: Antonio-Lamer HEARING The Respondent did not produce his written argument within the time limit and no oral submissions will be permitted. 10 h 30: Submissions by Mtre Jean-Marie Fontaine 11 h 04 Suspension. 11 h 37 Resumption. BY THE COURT: Unanimous judgment rendered by the Honourable Allan R. Hilton, J.A. – see page 3. Marcelle Desmarais Clerk BY THE COURT JUDGMENT
[ 1 ] The basis on which an appellate court can intervene on findings of fact in cases of this nature is very limited. [1] [ 2 ] This appeal only raises questions of fact. [ 3 ] In this respect, the appellant chose only to furnish the Court, in the schedules to her written argument, an incomplete transcript of the evidence relevant to the issues raised by the appeal. [ 4 ] The fact that the respondent did not participate in the conduct of the appeal does not diminish the obligation of the appellant to place before the Court all that is necessary to allow it to adjudicate the appeal. [2] [ 5 ] A review of the very few extracts from the transcript of the hearing in the Superior Court does not disclose anything that would allow the Court to intervene in the manner the appellant proposes in her written argument.
FOR THESE REASONS, THE COURT: [ 6 ] DISMISSES the appeal, without costs. ALLAN R. HILTON, J.A. LORNE GIROUX, J.A. JACQUES DUFRESNE, J.A.
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