Droit de la famille — 23548 2023 QCCA 541 COURT OF APPEAL CANADA PROVINCE OF QUÉBEC REGISTRY OF MONTRÉAL No.: 500-09-030216-220 (500-04-070751-178) DATE : 25 April 2023 CORAM: THE HONOURABLE MARK SCHRAGER, J. A. PATRICK HEALY, J.A. FRÉDÉRIC BACHAND, J. A. F. H. APPELLANT – Plaintiff v. J. A.

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 (art. 16 C.C.P. ). [ 1 ] The applicant seeks to appeal against a decision of the Superior Court that granted, among other conclusions, sole custody to the respondent and supervised access to the appellant. [1] [ 2 ] The appeal was initially refused by the Registry because it was presented late and without notification to the respondent. [2] In the notice of appeal, the appellant seeks an extension.

The proposed appeal does not include the testimonial evidence of the parties and the representative of Youth Protection before the Superior Court. There is thus, no basis for the Court to review the judgment. [3] Moreover, the trial judge correctly applied the principle of the best interests of the children and reasonably exercised his discretion on the basis of the evidence before him. The Court cannot identify any error that could justify its intervention.

Accordingly, the proposed grounds have no chance of success. [ 3 ] In the absence of a pending appeal there is no need for the Court to address the respondent’s request that the applicant be declared a vexatious litigant. FOR THESE REASONS THE COURT : [ 4 ] DISMISSES the motion for an extension of time to appeal; [ 5 ] DISMISSES the appeal; [ 6 ] DECLARES that the respondent’s application to have the applicant declared a vexatious litigant is without object; [ 7 ] THE WHOLE WITHOUT LEGAL COSTS in view of the nature of the case. MARK SCHRAGER, J. A. PATRICK HEALY, J.A. FRÉDÉRIC BACHAND, J. A. F. H.

Unrepresented J. A. Unrepresented Date of hearing: 20 April 2023