Droit de la famille — 241798
J.K.
Law Firm / Organization
Duclos société d'avocats
Lawyer(s)

Benoit Duclos

G.C.
Law Firm / Organization
Independent
Lawyer(s)

R. Paul Fréchette

- Parties: The applicant was J.K. The respondent was G.C. 

- Subject Matter: The dispute arose in the context of an application to institute divorce proceedings. The Superior Court, without a hearing and without costs, dismissed the appellant’s application for partial inadmissibility on the basis of the record due to the lack of a reasonable chance of success. The applicant sought permission to appeal this judgment, requested a stay of the Superior Court proceedings until a final judgment on the appeal, and requested an extension of the time limit to file the application for leave to appeal. 

- Ruling: The court ruled in the respondent’s favour and dismissed the applicant’s requests for leave to appeal and for extension of the time limit for appeal, regardless of whether the application was not timely. Extension of the time limit should be refused based on the proposed appeal’s lack of a reasonable chance of success, the court said. Even if the application was timely, the court noted that it could not grant permission to appeal under articles 31–32 of the Code of Civil Procedure (CCP). The application of article 32 would call for the rejection of the requested permission since the applicant failed to demonstrate that the judge exercised power under article 168(3) of the CCP in an unreasonable manner, the court added. 

- Date: The court released its decision on Dec. 2, 2024. 

- Venue: This was a case before the Court of Appeal of Quebec. 

- Amount: The court awarded no costs. 

Court of Appeal of Quebec
500-09-700322-241
Family law
$ 0
Respondent