2017 QCCA 1390, 2017 QCCA 1390

Droit de la famille — 172131 2017 QCCA 1390 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026484-162 (505-04-014782-064) DATE: September 1 st , 2017 IN THE PRESENCE OF THE HONOURABLE ROBERT M. MAINVILLE, J.A. M. J. APPLICANT v. Z. Z. RESPONDENT JUDGMENT [ 1 ] M.

J. (the “ Applicant ”) is seeking an extension of the order issued on March 27, 2017 staying in part and temporarily a judgment dated November 3, 2016 of the Superior Court, District of Longueuil (the “ Trial Judgment ”). [ 2 ] The Trial judgment cancelled for the future and retroactively to September 30, 2011 the spousal support the Applicant had until then been receiving from Z. Z. (the “ Respondent ”). The appeal from the Trial Judgment was summarily dismissed by this Court on February 10, 2017 (the “ Appeal Judgment ”).

The Applicant brought an application for a stay of the Trial Judgment pending leave to appeal the Appeal Judgment before the Supreme Court of Canada. That stay was partially granted in the March 27 stay order. [ 3 ] Under the March 27, 2017 stay order, the retroactive cancellation of spousal support was stayed (

a) until the expiry of the time for seeking leave to appeal the Appeal Judgment to the Supreme Court of Canada; (

b) if leave was sought, until the judgment of the Supreme Court of Canada refusing such leave; or (

c) if leave was granted, until the judgment of the Supreme Court of Canada on the merits of the appeal. [ 4 ] The Supreme Court of Canada dismissed the application for leave to appeal on August 17, 2017. As a result, the March 27, 2017 stay order has now expired. [ 5 ] The Applicant now seeks a new order to stay the retroactive cancellation of spousal support provided for in the Trial Judgment until the proceedings before the Superior Court in file […] are brought to an end.

In those proceedings, the Applicant is seeking substantial damages against the Respondent as a result of an alleged assault. [ 6 ] Since leave to appeal was refused by the Supreme Court of Canada, the Trial Judgment is now final. Moreover, there are no other pending appeal proceedings between the parties. As a result, I am without jurisdiction to order the requested stay. FOR THESE REASONS, THE UNDERSIGNED JUDGE : [ 7 ] DISMISSES the application for lack of jurisdiction, without costs since the underlying litigation relates to family matters. ROBERT M. MAINVILLE, J.A. M. J.

In person Applicant Mtre Émilie Chevrier

BARRETTE & ASSOCIÉS For the Respondent Date of hearing: August 28, 2017