Court of Appeal of Quebec

Applications in the Course of a Proceeding

Application in course of proceeding is an application presented before the Court after the filing of the Notice of appeal and before the end of proceeding, including the Application for leave to appeal (Practice Direction G-2). The end of proceeding, unless otherwise stated, is the moment the Court renders its final decision.

An application in course of proceeding is made by a written proceeding (Art. 59 C.P.R.). The applicant must notify its application to the other parties and must filed it with the Office of the Court.

An application may be presented before the Court, before a judge or before the Clerk.

When the expression "the Court" is used, the application has to be presented to a panel of three judges. 

In other cases , the law designates "a Judge" to hear an application during the proceedings.  This application has to be made ​​to a judge sitting alone.

Also, the law sometimes gives jurisdiction to the Clerk to hear some application.

Before filing an application, every party must consult the relevant legislation. It is essential to determine who has jurisdiction to hear an application (the Court, a judge or the Clerk). The rules and information presented in this section are general rules. Special rules may apply to a particular application.

Examples of a applications are available on the Court website in the section "Examples of proceedings".