2018 QCCA 1593, 2018 QCCA 1593

Droit de la famille — 182090 2018 QCCA 1593 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-027633-189 (700-12-048036-164) MINUTES OF THE HEARING DATE: September 24, 2018 CORAM: THE HONOURABLE nicholas kasirer , J.A. dominique bélanger , J.A. manon savard , J.A. APPELLANT COUNSEL C… K... Mtre NAZAR SAATY (SSB Avocats) RESPONDENT COUNSEL I… Ko... Mtre Angela di virgilio Maurane cloutier (Mitchell & Gattuso) On appeal from a judgment rendered on May 30, 2018 by the Honourable Justice Christine Baudouin of the Superior Court, District of Terrebonne

DESCRIPTION : Application to dismiss an appeal and subsidairily, furnish security, request for provision for costs and safeguard order (Articles 365, 416 and 492 C.C.P .) Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 2:00 Commencement of the hearing. Identification of counsel. 2:00 Submissions by Mtre Di Virgilio. 2:20 Submissions by Mtre Saaty. 2:42 Recess. 2:46 Resumption of the hearing. 2:46 By the Court: judgment – see page 3.

Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The Court is of the view that the application to dismiss should be granted and that the appeal should be dismissed as showing no reasonable chance of success. [ 2 ] All of the grounds set forth in the notice of appeal are destined to fail on the merits. Notwithstanding their characterization as questions of law, the appellant’s principal arguments involve matters having a highly factual aspect. The notice of appeal is bereft of any serious and precise indication of where the judge erred.

In dismissing the appellant’s arguments at this early stage, the Court notes that the judgment records his acknowledgment that the Quebec courts have jurisdiction over this matter. We note further that the appellant was represented by counsel at the hearing but himself failed to appear. [ 3 ] The allegations of bias, as made in the notice of appeal, appear to us to be without any meaningful foundation, and are certainly a far cry from what is required to overturn the presumption of impartiality that benefits judges in Canada. [ 4 ] The Court dismisses the appeal as without a reasonable prospect of success.

Given the nature of the case, and in particular the interests of the children involved, the Court shall decline to declare the appeal abusive. FOR THE FOREGOING REASONS , the Court: [ 5 ] GRANTS the motion to dismiss; [ 6 ] DISMISSES the appeal; [ 7 ] Without legal costs given the family character of the dispute.

nicholas kasirer, J.A. dominique bélanger, J.A. manon savard, J.A.