2011 QCCA 1455, 2011 QCCA 1455
Opinion
Droit de la famille — 112308 2011 QCCA 1455 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-021792-114 ( 500-12-294524-081 ) MINUTES OF THE HEARING DATE: August 3, 2011 THE HONOURABLE ALLAN R. HILTON, J.A. PETITIONER ATTORNEY V... S... Mtre Marta Elsa Solà RESPONDENT ATTORNEY N... G... Mtre George Artinian MIS EN CAUSE ATTORNEY X Y MOTION TO SUSPEND PROVISIONAL EXECUTION
Clerk: Annick Nguyen Court Room: RC.18 HEARING 15:29 Commencement of the hearing. 15:30 Submission by Mtre Solà. 16:02 Submission by Mtre Artinian. 16:10 Reply by Mtre Solà. 16:13 Suspension. 16:18 Resumption of the hearing. BY THE JUDGE. Judgment – See page 3.
Annick Nguyen Clerk JUDGMENT [ 1 ] The judgment of the Superior Court pronounced the divorce of the parties, adjudicated various measures of corollary relief and provided for the custodial arrangements of the children of the marriage, X and Y. [ 2 ] The present motion seeks to suspend the execution of the custodial order and to re-establish the status quo that existed prior to the judgment under appeal. [ 3 ] Without commenting on the appellant's chance of success on appeal or the likelihood of the respondent's pending motion to dismiss the appeal being granted, none of the allegations in the appellant's motion to suspend provisional execution demonstrates an apparent weakness in the judgement of the Superior Court that would justify the motion being granted. [ 4 ] The said motion is accordingly DISMISSED, with costs.
ALLAN R. HILTON, J.A.
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