The Clerk will assign a file number in appeal as soon as the Notice of Appeal is filed at the Office of the Court (ex.: Montréal 500-09-000000-000 and Quebec 200-09-000000-000). This file number has to be subsequently mentioned on every pleadings or letter sent to the Court.
It is possible at any time to discontinue of the Notice of appeal or of the Application for leave to appeal. However, because discontinuance involves the obligation to pay the costs occasioned by the suit (art. 213 and 378 C.C.P.), you may come to an agreement with the adverse party if you want to avoid having to pay these costs.
You would like to participate in dispute settlement of your file and resolve the case in a free and expeditious way? You want to take part in discussions with the adverse party in order to attempt to resolve your case? The settlement conference is for you!
Pamphlets and forms are available at the Office of the Court as well as on our web site: http://courdappelduquebec.ca/en/judical-mediation-and-facilitation-conferences
The appellant must notify and file a certificate certifying that he has directed an official stenographer to transcribe the depositions or excerpts of depositions that are necessary for the consideration of all the issues in dispute.
The respondent or any other party (mis en cause, intervener) must file a representation statement stating that she is represented by a lawyer at the Office of the Court. If the party is appearing personally, she must file a non-representation statement.
If a party fails to file a representation statement, it won’t be allowed to file any other pleading and the Clerk won’t be obliged to notify any notice to such party (Art. 30 C.P.R.). Moreover, the parties are not obliged to notify their pleadings (including briefs and memoranda) to the party who failed to file a representation statement (Art. 25 C.P.R.).
A respondent unsatisfied with the judgment rendered may lodge an incidental appeal by filing such a Notice of incidental appeal with the Office of the Court. The appeals (the principal and incidental appeals) would be heard at the same time.
Please, see section 3 of this Aide-memoire for more information on appeal briefs and memoranda.
As soon as the file is ready to be heard, the clerk sets the appeal down for hearing. This setting down take place once all the briefs (or memoranda) and the other pleadings are filed.
If the respondent does not filed its brief (or memorandum) in the allotted time, the appeal is still set down by the clerk for hearing (Art. 383 C.C.P.).
The date of the hearing is then set following the setting down for hearing. The law may provide that certain files are heard in priority.
Moreover, if the parties request so, the Court may decide the appeal on the face of the record. That means that the appeal will be decided without a court hearing (Art. 384 C.C.P.).
For the hearing of the appeal, all parties may file, in addition to the briefs, a book of authorities (art 85, par.1 RCA). It will be especially helpful to do so if a party wants to bring to the attention of the Court new decisions or doctrine not already included in its list of authorities.
A book of authorities may also be filed for the hearing of an application. In such a case, only one copy of the book of authorities (for an application before the clerk or a judge) or three copies (for a panel of three judges) need to be filed, as soon as possible before the hearing.
The Court sits from September to June. The roll, available on the Court's web site, is updated weekly in order to consider discontinuances, settlements, modifications, etc. A copy of the roll is sent to the attorneys for the parties or to any party not represented by an attorney at least 30 days in advance. Sending of this roll represents the notice of hearing (Art. 75 C.P.R.). It specifies the time allotted to each party for oral argument (Art. 385 C.C.P.).
After the presentation of oral arguments, the Court will render its decision on the appeal.
The Court can render its decision at the end of the hearing. In that case, the decision is given open court by the judge presiding over the appeal hearing (recorded in minutes of the hearing).
The Court can also take the decision under advisement. The Clerk will inform the parties as soon as the decision is rendered by the Court.
In all cases, the Court’s decision is rendered when a majority of the judges having heard the appeal concur.
After the judgement is rendered, a party can have its legal costs reimbursed by the opposite party. In principle, legal costs are owed to the successful party, unless the Court decides otherwise (Art. 340 C.C.P.).
In most cases, the reimbursement of legal costs is done without the Court’s intervention.
Legal costs are (Art. 339 C.C.P.):