Droit de la famille — 191048 2019 QCCA 957 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-028148-195 (500-12-329474-153) MINUTES OF THE HEARING DATE: June 3, 2019 CORAM: THE HONOURABLE NICOLE DUVAL HESLER , C.J.Q. JACQUES DUFRESNE , J.A. MARK SCHRAGER , J.A. APPELLANT X. H. UNREPRESENTED RESPONDENT COUNSEL Y. L. Mtre NING YU ( Me Ning Yu, avocat-lawyer ) On appeal from a judgment rendered on February 1 st , 2019 by the Honourable Justice Gary D.D. Morrison of the Superior Court, District of Montreal. DESCRIPTION : Application to dismiss an appeal (Article 365 C.C.P .)

Clerk: Stephane Robinson Courtroom: Pierre-Basile-Mignault HEARING The judgment rendered on May 31, 2019 is rectified for the purpose of replacing the terms “motion for leave to appeal” for “ motion to dismiss the appeal ” in paragraph 4 of the judgment’s conclusions. (

s) Stephane Robinson Clerk BY THE COURT RECTIFIED JUDGMENT [ 1 ] In a detailed judgment, the judge of first instance treated all of the various claims of the parties. [ 2 ] Based on a meticulous analysis of the evidence, the trial judge exercised his discretion to dissolve the partnership of acquests as of the date of separation rather than as of the date of the institution of the divorce proceedings. Essentially, he sought to capture funds transferred by the Appellant between those two dates. However, he ordered the family patrimony dissolved as of the date of the institution of proceedings.

This in and of itself does not constitute a reason to intervene as he was in the full exercise of his discretion and more than adequately explained his reasons. [ 3 ] We are of the unanimous view that this appeal has no reasonable chance of success and that the Motion to dismiss the appeal is to be allowed. FOR THESE REASONS, THE COURT: [ 4 ] GRANTS the motion to dismiss the appeal; [ 5 ] DISMISSES the appeal, without legal costs seeing the nature of the file. NICOLE DUVAL HESLER, C. J.Q.

JACQUES DUFRESNE, J.A. MARK SCHRAGER, J.A.