2012 QCCA 1931, 2012 QCCA 1931
Opinion
Droit de la famille — 123093 2012 QCCA 1931 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-022553-127 ( 500-04-050742-098 ) MINUTES OF THE HEARING DATE: October 29, 2012 CORAM: THE HONOURABLE ANDRÉ ROCHON, J.A. PIERRE J. DALPHOND, J.A. GUY GAGNON, J.A. PETITIONER ATTORNEYS S... M... Mtte Anne-France Goldwater Mtre Sarah Colacci GOLDWATER DUBÉ RESPONDENT ATTORNEY C... K... Mtre Eric Kirshner HAMMERSCHMID WALSH & ASS. ATTORNEY
Motion for special permission to appeal outside the delay of the decision rendered on March 1 st , 2012 by the honourable David R. Collier of the Superior Court, District of Montreal. Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9 h 35 Beginning of the hearing. 9 h 35 Submission by Mtre Goldwater. 9 h 43 Submission by Mtre Kirshner. 9 h 56 Reply by Mtre Goldwater. 9 h 58 Recess. 10 h 03 Resumption of the hearing. 10 h 03 By the Court: judgment – see next page. Robert Osadchuck Clerk BY THE COURT JUDGMENT
[ 1 ] The Petitioner is seeking special leave to appeal from a judgment rendered on March 1 st , 2012 granting her custody of the child and ordering the Respondent to pay for the support of this child an amount of $1,710.32 per month. [ 2 ] According to Petitioner, the trial judge erred in determining the income of the Respondent and in granting only part for the arrears. [ 3 ] This motion does not allege any ground for the delay to appeal. [ 4 ] Furthermore, the proposed grounds of appeal are not serious enough to justify a special leave to appeal, considering the factual nature of the contested judgment and thus the narrow scope of the possible intervention of this Court. [ 5 ] This judgment has no bearing on the pending motions before the Superior Court alleging special needs of the child.
FOR THESE REASONS, THE COURT: [ 6 ] DISMISSES the motion, without costs. ANDRÉ ROCHON, J.A. PIERRE J. DALPHOND, J.A. GUY GAGNON, J.A.
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