2022 QCCA 171, 2022 QCCA 171

Droit de la famille — 22165 2022 QCCA 171 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-029661-212 ( 500-12-337028-173 ) MINUTES OF HEARING DATE: January 31, 2022 CORAM: THE HONOURABLE MANON SAVARD, C.J.Q. ROBERT M. MAINVILLE, J.A. PETER KALICHMAN, J.A. APPELLANT A. S. PRESENt AND UNrepresente d (by videoconference) RESPONDENT Z. W.

PRESENT AND Unrepresented (by videoconference) DESCRIPTION: Application for permission to present indispensable new evidence (Article 380 C.C.P .) Clerk at the hearing : Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 2:20 Commencement of the hearing. Identification of the parties. 2:20 Justice Manon Savard addresses the parties. 2:24 Recess. 2:25 Resumption of the hearing. 2:25 By the Court: judgment – see page 3. Robert Osadchuck, Clerk at the hearing

JUDGMENT [ 1 ] CONSIDERING that the Appellant has appealed from a judgment rendered on July 22, 2021 by the Superior Court (the Honourable Micheline Perreault), granting her request for a divorce from the Respondent, dissolving the matrimonial regime of partnership of acquests and ordering the partition of the net value of the assets included in the family patrimony; [ 2 ] CONSIDERING that, subsequent to the judgment, the parties came to an agreement dated October 26, 2021, modifying the partition of assets (the Agreement ); [ 3 ] CONSIDERING that the parties made a joint Application for permission to present indispensable new evidence so that the Agreement can be considered by the Court; [ 4 ] CONSIDERING that on November 15, 2021, the Court suspended the hearing of the Application for permission to present indispensable new evidence and referred the parties to judicial mediation at the Court of Appeal with a view to having the Agreement examined and homologated; [ 5 ] CONSIDERING that the parties did not proceed with the judicial mediation and now request that the suspension be lifted so that they may proceed with their Application for permission to present indispensable new evidence; [ 6 ] CONSIDERING the unique circumstances in which the Application for permission to present indispensable new evidence is being presented; [ 7 ] CONSIDERING as well that the application is presented jointly; FOR THESE REASONS, THE COURT : [ 8 ] GRANTS the Application for Permission to Present Indispensable New Evidence, without judicial fees, given the nature of the matter; [ 9 ] AUTHORIZES the Appellant to file the new evidence, namely, the consent agreement of October 26, 2021; [ 10 ] REFERS the decision regarding the admissibility and probative weight to be given to the new evidence, to the panel that will hear the appeal.

MANON SAVARD, C.J.Q. ROBERT M. MAINVILLE, J.A. PETER KALICHMAN, J.A.