2015 QCCA 296, 2015 QCCA 296

Droit de la famille — 15197 2015 QCCA 296 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-024992-158 (500-12-311883-122) MINUTES OF THE HEARING DATE: January 23, 2015 THE HONOURABLE MARTIN VAUCLAIR, J.A. PETITIONER COUNSEL J. B. Mtre DANIEL F. O’CONNOR ( Daniel F. O'Connor, Avocats ) RESPONDENT COUNSEL D. BA. Mtre MARISSA FRISHMAN ( Levine Frishman Lancry) IMPLEADED PARTY C. J.

DESCRIPTION: Motion for leave to appeal from an interlocutory judgment rendered on January 16, 2015 by the Honourable Justice Danielle Turcotte of the Superior Court, district of Montreal and for an order to stay execution of the judgment. (Art. 29, 494 & 511 C.C.P.) Clerk: Asma Berrak Courtroom: RC-18

HEARING 12 :13 Commencement of the hearing. Identification of counsel. Submission by Mtre O’Connor. 12:27 Submission by Mtre Frishman. 12:36 Reply by Mtre O’Connor. 12:44 Suspension. 12:55 Resumption. Judgment-see page 3. 12:58 Conclusion of the hearing. Clerk BY THE JUDGE JUDGMENT [ 1 ] The applicant seeks leave to appeal a decision refusing to issue a writ of seizure before judgment pursuant to

section 734.0.1 of the Civil Code of Procedure . [ 2 ] The seizure aimed at the proceeds of approximately two million dollars resulting from the sale of the family home, of which approximately half is available to the applicant. [ 3 ] The current motion does not meet the conditions set out in

section 29 C.C.P. Indeed the decision does not decide in part the issues and it does not order the doing of anything which cannot be remedied by the final judgment. [ 4 ] The Court in Elitis Pharma inc. c. RX Job inc. , 2012 QCCA 1348 made it clear that if the conditions of

section 29 C.C.P. are not met, it is not for a judge of the Court to, nevertheless, evaluate the opportunity to grant permission. [ 5 ] FOR THESE REASONS, THE UNDERSIGNED ; [ 6 ] DISMISSES the motion; [ 7 ] WITHOUT COSTS , given the nature of the dispute. MARTIN VAUCLAIR , J.A.