Statistics and speeches of Chief Justice

Time Elapsed before a Hearing

Appeals may proceed by either standard or fast track depending on the nature of the file or in accordance with a judgment. A standard track file proceeds by way of briefs, filed in accordance with the time limits set out at s. 373 of the Code of Civil Procedure: the appellant's brief must be filed within three months of filing the declaration of appeal, to be followed by the respondent's brief no more than two months later. For files proceeding along the standard track, the time elapsed before a hearing is counted between the moment when all factums have been filed and the anticipated date of the appeal hearing. The following delays represent the average for each judicial year (e.g., September 1, 2014 to August 31, 2015).

Standard Track (in months)

Appeal files may also proceed by fast track. The fast track is usually reserved for files that must be heard promptly. This is frequently the case for files relating to:

 

• family matters
• interlocutory judgements
• youth matters
• extraordinary recourses
• sentencing

 

In such cases, the time limits for filing briefs are shortened and hearing dates are set by the clerk or a judge during case management.In the following table, the time elapsed before a hearing corresponds to the time between the moment the file enters case management and the date of the appeal hearing.

Fast Track (in months)

Appeals as of Right in Civil and Criminal Matters

The table below indicates the number of files opened from January to December of the given year, as measured by the number of notices of appeal filed.

Appeals by Leave in Civil and Criminal Matters

The tables below indicate the total number of files opened by an application for leave to appeal, as well as the number of applications granted, dismissed or deferred.

Applications for Leave to Appeal in Civil Matters

Applications for Leave to Appeal of the verdict in Criminal and Penal Matters (excluding sentencing)

Applications for Leave to Appeal from a Sentence

Appeals Heard on the Merits

Although many appeal files are opened each year, not all files are ultimately heard. Proceedings on appeal may be ended by out-of-court settlement, by settlement following a settlement conference or by dismissal of the appeal by the Court. The table below indicates the number of appeals heard on the merits.

Motions to Dismiss an Appeal in Civil Matters (s. 365 C.C.P.)

The following table shows the number of applications to dismiss an appeal that were granted or dismissed in civil matters.

Percentage of Decisions Rendered at a Hearing and after a Period of Advisement

Judgments may be rendered either at the hearing or after being taken under advisement. The following data does not include judgments rendered on applications or motions.

Percentage of Decisions Rendered at the Hearing or after Advisement: Civil Matters

Percentage of Decisions Rendered at the Hearing or after Advisement: Criminal and Penal Matters

Settlement and Facilitation Conferences

The Court of Appeal offers judicial mediation (in civil matters) and facilitation (in criminal matters) services which allow the parties to come together to try to reach a settlement with the assistance of a mediator or a facilitator from the Court of Appeal. Each year, a certain number of files in appeal are settled this way. The following tables indicate the number of files resolved using these alternative dispute resolution processes.

Settlement Conferences: Civil Matters

Facilitation Conferences: Criminal Matters