2024 QCCA 110, 2024 QCCA 110

Droit de la famille — 2498 2024 QCCA 110 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No.: 500-09-030803-233 ( 500-04-079381-225 ) MINUTES OF HEARING WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). DATE: January 22, 2024 CORAM: THE HONOURABLE MANON SAVARD, C.J.Q. JOCELYN F. RANCOURT, J.A. JUDITH HARVIE, J.A.

APPLICANT COUNSEL O. K. Mtre Shay J. Mergui ( Mergui Attorneys ) By videoconference RESPONDENT COUNSEL G. S. Mtre FadY Girgis ( Devine Schachter Polak ) IMPLEADED PARTY C. V. ABSENT AND UNREPRESENTED On appeal from a judgment rendered on November 3rd, 2023 by the Honourable Michele Monast of the Superior Court , District of Montréal . DESCRIPTION: Application for leave to appeal a judgement terminating the proceeding after the expiry of the time limit (Article 30 para. 7 and 363 C.c.p.) Clerk at the hearing : Ariane Simard-Trudel Courtroom: Pierre-Basile-Mignault

HEARING 16:00 Commencement of the hearing. Identification of counsel. Preliminary remarks by the Court. 16:06 Submissions by Mtre Girgis. 16:06 Submissions by Mtre Mergui. 16:10 Problem with the videoconference. Mtre Mergui is leaving the videoconference. 16:16 Mtre Mergui resumes his submissions. 16:24 Questions from the Court and answers by Mtre Mergui. 16:27 Mtre Mergui resume his submissions. 16:33 Submission by Mtre Girgis. 16:53 Reply by Mtre Mergui. 16:56 Recess of the hearing. 17:03 Resumption of the hearing. BY THE COURT : Judgement – see page 3. 17:04 Conclusion of the hearing.

Ariane Simard-Trudel , Clerk at the hearing JUDGMENT WARNING : Disclosure and circulation prohibited: The Code of Civil Procedure (“ C.C.P .”) provides that, except as authorized by the court, no person shall disclose or circulate any information that would allow a party or a child whose interests are at stake in a proceeding in a family matter to be identified (art. 16 C.C.P .). [ 1 ] After the expiration of the time limit, the Applicant seeks leave to appeal from a judgment of the Superior Court (the Honourable Michèle Monast) rendered at the hearing on November 3, 2023, which dismissed his application to quash two seizures before judgment executed in December 2022.

The judge dismissed the Applicant's allegations that the affidavit submitted in support of the seizures was insufficient and false. [ 2 ] The Applicant's failure to file his application for leave to appeal within the time limit was due to the error of his lawyer who mistakenly believed that the time limit was thirty days. However, the time limit for appealing a judgment confirming a seizure before judgment is 10 days in accordance with

article 361 of the Code of Civil Procedure (C.C.P.). Since the Applicant demonstrated diligence in the management of his file, the Court concludes that the situation amounts to an impossibility to act earlier. [ 3 ] On the other hand, the Applicant does not convince the Court, given the subject matter of the judgment, that leave to appeal should be granted under

article 30 para. 2(7) and para. 3 C.C.P. [1] [ 4 ] the judge applied the principles frequently articulated by the Court on the quashing of seizures before judgment on the grounds of insufficient or false allegations. Overall, the Application does not raise any question of principle, new issue or issue of law that has given rise to conflicting judicial decisions. [2] [ 5 ] As for the scope of the seizure in light of the protective measures already in place in Turkey, although this may possibly be of interest, it does not in itself justify the granting of leave; rather, the interests of justice and the rule of proportionality favour its refusal. FOR THESE REASONS, THE COURT :

[ 6 ] DISMISSES the application for leave to appeal after the expiration of the time limit, with legal costs. MANON SAVARD, C.J.Q. JOCELYN F. RANCOURT, J.A. JUDITH HARVIE, J.A.