2017 QCCA 658, 2017 QCCA 658

Droit de la famille — 17876 2017 QCCA 658 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-09-026356-162 (500-12-312313-129) DATE: April 26, 2017 CORAM: THE HONOURABLE NICOLE DUVAL HESLER, C.J.Q. LORNE GIROUX, J.A. JEAN-FRANÇOIS ÉMOND, J.A. B APPELLANT – Defendant v. C RESPONDENT – Plaintiff and AGENCE DU REVENU DU QUÉBEC Mise en cause JUDGMENT [ 1 ] The appellant appeals from a judgment rendered August 25, 2016 by the Honourable Mr.

Justice André Roy, of the Superior Court, District of Montreal, reducing the respondent’s spousal support obligation from $4,000 to $1,500 per month and suspending the payment of support arrears, as well as the related execution measures brought by Revenu Quebec, until the division of the family patrimony. [ 2 ] At the appeal hearing, the following admissions were entered into the Court record: - that the respondent took the family residence in payment on September 27, 2016, as noted at paragraph 7 of the December 7, 2016 judgment rendered by Michèle Monast J. in file No. 500-12-312313-129; - that the residence is currently being renovated, a process which will take four to six months, and will subsequently be put up for sale; and - that the respondent has paid $57,000 of the arrears accumulated since August 1, 2013. [ 3 ] In light of this information, and in particular, the fact that respondent’s expenses are to decrease by $2,000 per month as a result of his taking the house in payment and that he now has sole control over the sale of house, which will benefit him further, the Court: [ 4 ] Sets aside the judgment under appeal as of April 1 2017; [ 5 ] orders the respondent to pay the appellant monthly spousal support of $3,500 beginning April 1, 2017; [ 6 ] orders the respondent to continue paying the arrears accumulated between August 1, 2013 and February 17, 2015, as they become due pursuant to the judgment of the Court dated February 17, 2015; [ 7 ] ORDERS the respondent to pay the appellant arrears of $2,500 per month from February 17, 2015 to January 11, 2016, that is from the previous judgment of the Court of Appeal to the date of respondent’s Motion for Variance of Spousal support, such arrears to be payable in the manner provided in said previous judgment of the Court. [ 8 ] The whole without costs, given the nature of the dispute.

NICOLE DUVAL HESLER, C.J.Q. LORNE GIROUX, J.A.

JEAN-FRANÇOIS ÉMOND, J.A. Mtre Jacqueline Sanderson For appellant Mtre Pascale Nolin Mtre Benjamin Prud’homme Robinson Sheppard Shapiro For respondent Date of hearing: March 30, 2017