2011 QCCA 372, 2011 QCCA 372

Droit de la famille — 11477 2011 QCCA 372 COUR D'APPEL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTRÉAL No: 500-09-020818-100 et 500-09-021452-115 (500-12-271196-036) MINUTES OF THE HEARING DATE: February 25, 2011 THE HONOURABLE PIERRE J. DALPHOND, J.A. APPELLANT/CROSS-RESPONDENT ATTORNEY Personally P. C. RESPONDENT/CROSS-APPELLANT ATTORNEY Mtre Julie Brisson LAVERY DE BILLY PA. M.

RESPONDENT/CROSS-APPELLANT'S MOTION TO DISMISS THE APPEAL and MOTION TO DISMISS RESPONDENT'S MOTION (first file) APPELLANT'S MOTION TO SUSPEND THE PROVISIONAL EXECUTION AND TO REDUCE THE DELAYS TO SERVE THE MOTION (second file) Clerk : Annick Nguyen Court Room: RC.18 HEARING 9:45 Commencement of the hearing. 9:46 Submission by Mtre Brisson on the Motion to dismiss the appeal. 9:47 Submission by Mr. C.. 10:09 BY THE JUDGE. The Motion is granted and the appeal is dismissed with costs. Judgment – See page 3. 10:11 Question of the judge to Mtre Brisson with regard to the incidental-appeal.

Concerning the incidental-appeal, the Court is informed by Mtre Brisson that she will discuss it with her client and will inform the Court before March 4, 2011, of her intention. 10:12 The judge stated that the Motion to dismiss Respondent's Motion to dismiss the appeal should be considered as a written contestation and not as a true motion. There is thus no need to rule on it. 10:13 Submission by Mr.

C. on the Appellant's Amended Motion to suspend the provisional execution and to reduce the delays to serve the Motion regarding a judgment of the Superior Court rendered on February 11, 2011, by Justice Claudette Picard. 10:16 Submission by Mtre Brisson. 10:21 Reply by Mr C.. 10:23 Reply by Mtre Brisson. 10:24 BY THE JUDGE. Judgment – See page 3. 10:27 Exchange between the judge and the parties. Annick Nguyen Clerk

JUGEMENT On the Respondent/Cross-Appellant's Motion to dismiss the appeal (500-09-020818-100 ). [ 1 ] Whereas in a judgment rendered on October 6, 2010, a panel of the Court ordered Appellant to furnish security in the amount of $250,000 within 60 days to guarantee in part the payment of the amount of the condemnation, if the judgment of Verrier J. is upheld; [ 2 ] Whereas, as of today, more than four months later, no such security has been furnished; [ 3 ] Whereas the respondent is asking to dismiss the appeal for failure to furnish the security ordered by the Court; [ 4 ] Considering

article 497 C.C.P. ; [ 5 ] Considering that the Appellant has failed to provide any satisfactory explanation for his failure to furnish security and that even if I was extending the delay for another few hours, appellant is telling me that he would not provide such security; [ 6 ] THEREFORE, THE UNDERSIGNED : [ 7 ] GRANTS the Motion to dismiss the appeal with costs; [ 8 ] DISMISSES the appeal, with costs.

On the Appellant's Amended Motion to suspend the provisional execution and to reduce the delays to serve the Motion regarding a judgment of the Superior Court rendered on February 11, 2011, by Justice Claudette Picard (500-09-021452-115). [ 9 ] Considering that it is appropriate to reduce the delays to serve the present Motion; [ 10 ] Considering that the appellant has filed yesterday an inscription in appeal of the judgment of Picard J.; [ 11 ] Considering that the sole conclusion of the judgment appealed from where provisional execution was ordered notwithstanding appeal is an order to the appellant to pay a provision for costs of $50,000 within 30 days of the judgment; [ 12 ] Considering that on paragraph [27] of her judgment, Justice Picard explained as follow the purpose of such provision for costs: The Court considered that a provision for costs of $50,000 is appropriate in this instance as M. must be in a position to be adequately represented before the Appeal Court. [ 13 ] Considering that the rational for the judgment's appealed from no longer exists once the appeal in file 500-09-020818-100 being dismissed; [ 14 ] Considering that an amount of $10,000 has already been paid to the respondent to cover her costs with regard to the appeal in file 500-09-020818-100, now dismissed; [ 15 ] FOR THESE REASONS, THE UNDERSIGNED: [ 16 ] SUSPENDS the provisional execution of the judgment of Picard J. rendered on February 11, 2011, without costs.

PIERRE J. DALPHOND, J.C.A.