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That’s not Allowed! – Appeal – Criteria for Leave to Appeal – Under What Conditions Can Leave to Appeal be Granted?

June 2019 Donati Maisonneuve, Quebec

D.C. v. Ivari, 2019 QCCA 496 – Claim by the appealing party, D.C. (“Appellant” or “D.C.”), for leave to appeal following a decision rendered during the proceedings on January 31, 2019, by the Superior Court, having denied its application for dismissal and declaration of abuse.

The Facts
Seven years after the disappearance of her husband, H.I., D.C. filed an application to obtain a declaratory judgment of death, as is permitted under Section 92 of the Civil Code of Quebec (“C.C.Q.”). Ivari (“the Respondent” or Ivari”) is the insurance company that issued her husband’s life insurance policy. On December 1, 2017, the Superior Court granted the application and declared H.I. deceased, despite evidence presented by Ivari showing that his disappearance occurred under suspicious circumstances.

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