Court of Appeal of Quebec

Statistics and speeches of Chief Justice


Statistics

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)

 

 

 
 

2019

 
 

2020

 
 

2021

 
 

Civil Matters

 
 

13.7

 
 

14

 
 

11.7

 
 

Criminal Matters

 
 

5.7

 
 

6.7

 
 

6.5

 

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)

 

 

 
 

2019

 
 

2020

 
 

2021

 
 

Civil Matters

 
 

4.4

 
 

6.6

 
 

4.7

 
 

Criminal and Penal Matters

 
 

3.5

 
 

4.1

 
 

4.3

 


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.

 

 

 
 

2019

 
 

2020

 
 

2021

 
 

Civil Matters

 
 

475

 
 

349

 
 

413

 
 

Criminal Matters

 
 

222

 
 

134

 
 

194

 
 

Total

 
 

697

 
 

483

 
 

607

 


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

 

 

 
 

2019

 
 

2020

 
 

2021

 
 

Granted

 
 

178

 
 

93

 
 

95

 
 

Dismissed

 
 

260

 
 

197

 
 

238

 
 

Total

 
 

438

 
 

290

 
 

333

 

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

 

 

 
 

2019

 
 

2020

 
 

2021

 
 

Granted

 
 

34

 
 

30

 
 

38

 
 

Dismissed

 
 

35

 
 

25

 
 

24

 
 

Deferred

 
30 25 45
 

Total

 
 

99

 
 

80

 
 

107

 

Applications for Leave to Appeal from a Sentence

 

 

 
 

2019

 
 

2020

 
 

2021

 
 

Granted

 
 

30

 
 

20

 
 

26

 
 

Dismissed

 
 

6

 
 

8

 
 

7

 
 

Deferred

 
 

60

 
 

44

 
 

39

 
 

Total

 
 

96

 
 

72

 
 

72

 


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.

  2019 2020 2021
Civil matters 429 335 499
Criminal matters 263 205 239
Total 692 540 738


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.

 

 

 
 

2019

 
 

2020

 
 

2021

 
 

Granted

 
 

130

 
 

79

 
 

107

 
 

Dismissed

 
 

144

 
 

106

 
 

112

 
 

Total Applications Heard

 
 

274

 
 

185

 
 

219

 


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

 

 

 
 

2019

 
 

2020

 
 

2021

 
 

Decisions Rendered at the Hearing

 
 

58 %

 
 

30 %

 
 

41 %

 
 

Decisions Rendered after a Period of Advisement

 
 

442%

 
 

70 %

 
 

59 %

 

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

 

 

 
 

2019

 
 

2020

 
 

2021

 
 

Decisions Rendered at the Hearing

 
 

61 %

 
 

25 %

 
 

39 %

 
 

Decisions Rendered after a Period of Advisement

 
 

39 %

 
 

75 %

 
 

61 %

 


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

 

 

 
 

2019

 
 

2020

 
 

2021

 
 

Total Number of Files

 
 

20

 
 

15

 
 

15

 
 

Files Settled following Judicial Mediation

 
 

17

 
 

10

 
 

6

 

Facilitation Conferences: Criminal Matters

 

 

 
 

2019

 
 

2020

 
 

2021

 
 

Total Number of Files

 
 

24

 
 

21

 
 

19

 
 

Files Settled by a Decision of the Court Following a Facilitation Conference

 
 

24

 
 

17

 
 

19

 

 


Publications and Speeches

SPEECHES OF CHIEF JUSTICE MANON SAVARD

SPEECHES OF CHIEF JUSTICE NICOLE DUVAL HESLER