Applications in the Course of a Proceeding in civil matters

(A) APPLICATIONS PRESENTED BEFORE THE COURT (PANEL OF THREE JUDGES)

Examples of applications presented before the Court:

• Applications to dismiss an appeal (art. 365 C.C.P.).
• Applications for leave to present indispensable new evidence (art. 380 C.C.P.).
• Applications for leave to appeal after the expiry of the time limit (art. 363 C.C.P.).

General rules for presenting applications to the Court:

• Applications presented to the Court must be in writing (art. 377 C.C.P.).
• Must not exceed 10 pages, excluding the designation of the parties and the conclusions sought (s. 65 R.C.A.Q.Civ.M.).
• Supported by an affidavit, if required (s. 65 R.C.A.Q.Civ.M. and art. 101 para. 3 C.C.P.).
• Accompanied by a notice of its date of presentation: the notice states the date, time and courtroom where the application will be presented (the calendar of hearing dates is published on the Court’s website) (art. 377 C.C.P. and s. 66 R.C.A.Q.Civ.M.).
• The party presenting the application must reserve a presentation date by contacting the Court office by telephone. The application must be filed within five working days after this reservation, failing which the reservation will be cancelled (s. 66 para.5 R.C.A.Q.Civ.M.).
• The application, the notice of presentation and the affidavit, if any, must be notified to the other parties and filed with the Court office at least 10 working days before the presentation date (s. 66 para. 2(a) R.C.A.Q.Civ.M.). (Important: The time limit is 30 days for applications to dismiss an appeal (art. 365 C.C.P.).
• Four paper copies of all of these documents must be filed with the Court office (s. 65 R.C.A.Q.Civ.M.). The PDF version must be transmitted to the Court office by means of the Digital Office of the Court of Appeal (s. 13 R.C.A.Q.Civ.M.). Please refer to the Chief Justice’s Directive entitled “Rules Respecting the Preparation of the PDF Version of Pleadings, Briefs, Memoranda, Books of Authorities or Any Other Document” and the Clerk’s Practice Direction No. 7 entitled “Transmission of the PDF Version of Certain Pleadings, Briefs, Memoranda and Other Documents by Means of the Digital Office of the Court of Appeal (DOCA)”.
• All documents necessary for the adjudication of the application must be attached to it (s. 67 R.C.A.Q.Civ.M.).
•  Dress code at hearings (s. 8 R.C.A.Q.Civ.M.):

  • For counsel: gown, bands, white collar and dark garment;
  • For articling students: gown and dark garment;
  • For other persons: sober attire that respects the Court’s decorum.

• If a book of authorities is required, the PDF version must be filed with the Court office by means of the Digital Office of the Court of Appeal and notified to the other parties at least five working days before the presentation date (s. 62 R.C.A.Q.Civ.M.). Please refer to the Chief Justice’s Directive entitled “Rules Respecting the Preparation of the PDF Version of Pleadings, Briefs, Memoranda, Books of Authorities or Any Other Document” and the Clerk’s Practice Direction No. 7 entitled “Transmission of the PDF Version of Certain Pleadings, Briefs, Memoranda and Other Documents by Means of the Digital Office of the Court of Appeal (DOCA)”.
• Such applications are presented in the Pierre-Basile-Mignault Courtroom in Montreal and in Courtroom 4.33 in Quebec City, at 9:30 a.m. (s. 69 R.C.A.Q.Civ.M.).
• They are contested orally at the hearing. Therefore, no outline of the oral argument will be accepted (s. 74 R.C.A.Q.Civ.M.).

_{(Updated: 2022-11-22)}

(B) APPLICATIONS PRESENTED BEFORE AN APPELLATE JUDGE

Examples of applications presented before an appellate judge:

• Applications for leave to appeal from a judgment terminating the proceeding (arts. 30 para. 2 and 357 C.C.P.).
• Applications for leave to appeal from a judgment rendered in the course of a proceeding (arts. 31 and 357 C.C.P.).
• Applications for provisional execution of a judgment (art. 355 or 661 C.C.P.).
• Applications to stay the provisional execution of a judgment (art. 660 C.C.P.).
• Applications to stay the execution of a judgment of the Court of Appeal (where there is an appeal to the Supreme Court of Canada) (art. 390, para. 2 C.C.P. and s. 65.1(1) Supreme Court Act).
• Applications to extend the time limit for filing an appeal (s. 21(4) Divorce Act).
• Applications to extend the time limit for filing an appeal (s. 31(1) Bankruptcy and Insolvency General Rules).

General rules for presenting applications to an appellate judge:

• Applications presented to an appellate judge must be in writing (art. 377 C.C.P.).
• Must not exceed 10 pages, excluding the designation of the parties and the conclusions sought (s. 65 R.C.A.Q.Civ.M.).
• Supported by an affidavit, if required (s. 65 R.C.A.Q.Civ.M. and art. 101 para. 3 C.C.P.).
• Accompanied by a notice of its date of presentation: the notice states the date, time and courtroom where the application will be presented (the calendar of hearing dates is published on the Court’s website) (s. 66 R.C.A.Q.Civ.M. and art. 377 C.C.P.).
• The application, the notice of presentation and the affidavit, if any, must be notified to the other parties and filed with the Court office at least five working days before the presentation date (s. 66 para. 2(b) R.C.A.Q.Civ.M.) (except for the application for leave to appeal, which must be served on the respondent by bailiff).
• Two paper copies of all of these documents must be filed with the Court office (s. 65 R.C.A.Q.Civ.M.). The PDF version must be transmitted to the Court office by means of the Digital Office of the Court of Appeal (s. 13 R.C.A.Q.Civ.M.). Please refer to the Chief Justice’s Directive entitled “Rules Respecting the Preparation of the PDF Version of Pleadings, Briefs, Memoranda, Books of Authorities or Any Other Document” and the Clerk’s Practice Direction No. 7 entitled “Transmission of the PDF Version of Certain Pleadings, Briefs, Memoranda and Other Documents by Means of the Digital Office of the Court of Appeal (DOCA)”.
• All documents necessary for the adjudication of the application must be attached to it (s. 67 R.C.A.Q.Civ.M.).
• Dress code at hearings of applications (s. 8 R.C.A.Q.Civ.M.): a gown need not be worn, but sober attire is required.
• If a book of authorities is required, the PDF version must be filed with the Court office by means of the Digital Office of the Court of Appeal and notified to the other parties at least two working days before the presentation date (s. 62 R.C.A.Q.Civ.M.). Please refer to the Chief Justice’s Directive entitled “Rules Respecting the Preparation of the PDF Version of Pleadings, Briefs, Memoranda, Books of Authorities or Any Other Document” and the Clerk’s Practice Direction No. 7 entitled “Transmission of the PDF Version of Certain Pleadings, Briefs, Memoranda and Other Documents by Means of the Digital Office of the Court of Appeal (DOCA)”.
• Such applications are presented Monday to Friday, in Courtroom RC-18 in Montreal and Courtroom 4.30 in Quebec City, at 9:30 a.m. (s. 69 R.C.A.Q.Civ.M.). The judge may refer an application to the Court (panel of three judges) (art. 378 C.C.P.).
• Such applications are contested orally at the hearing, but the opposing party may file with the Court office and notify to the other parties an outline of oral argument not exceeding two pages setting out its position (s. 74 R.C.A.Q.Civ.M.).

_{(Updated: 2022-11-22)}

(C) APPLICATIONS PRESENTED BEFORE THE CLERK

Examples of applications presented before the clerk of the Court of Appeal (art. 378 C.C.P.):

• Applications for the extension of the time limit for filing a brief.
• Applications for the consolidation of appeals.
• Applications for the separation of appeals.
• Applications for the authorization to file a supplementary statement.
• Applications to cease representing.
• Applications for a substitution of lawyer.

General rules for presenting applications to the clerk:

• Accompanied by a notice of its date of presentation: the notice states the date, time and courtroom where the application will be presented (the calendar of hearing dates is published on the Court’s website) (s. 66 R.C.A.Q.Civ.M. and art. 377 C.C.P.).
• The application, the notice of presentation and the affidavit, if any, must be notified to the other parties and filed with the Court office at least two working days before the presentation date (s. 66 para. 2(c) R.C.A.Q.Civ.M.).
• Two paper copies of all of these documents must be filed with the Court office (s. 65 R.C.A.Q.Civ.M.). The PDF version must be transmitted to the Court office by means of the Digital Office of the Court of Appeal (s. 13 R.C.A.Q.Civ.M.). Please refer to the Chief Justice’s Directive entitled “Rules Respecting the Preparation of the PDF Version of Pleadings, Briefs, Memoranda, Books of Authorities or Any Other Document” and the Clerk’s Practice Direction No. 7 entitled “Transmission of the PDF Version of Certain Pleadings, Briefs, Memoranda and Other Documents by Means of the Digital Office of the Court of Appeal (DOCA)”.
• All documents necessary for the adjudication of the application must be attached to it (s. 67 R.C.A.Q.Civ.M.).
• Dress code at hearings of applications (s. 8 R.C.A.Q.Civ.M.): a gown need not be worn, but sober attire is required.
• If a book of authorities is required, the PDF version must be filed with the Court office by means of the Digital Office of the Court of Appeal and notified to the other parties as soon as possible before the presentation date (s. 62 R.C.A.Q.Civ.M.). Please refer to the Chief Justice’s Directive entitled “Rules Respecting the Preparation of the PDF Version of Pleadings, Briefs, Memoranda, Books of Authorities or Any Other Document” and the Clerk’s Practice Direction No. 7 entitled “Transmission of the PDF Version of Certain Pleadings, Briefs, Memoranda and Other Documents by Means of the Digital Office of the Court of Appeal (DOCA)”.
• Such applications are presented Monday to Friday, in Courtroom RC-18 in Montreal and Courtroom 4.30 in Quebec City, at 9:00 a.m. (s. 69 R.C.A.Q.Civ.M.).
• The clerk may refer an application to a judge or to the Court (panel of three judges) (art. 378 C.C.P.).
• They are contested orally at the hearing. Therefore, no outline of the oral argument will be accepted (s. 74 R.C.A.Q.Civ.M.).

_{(Updated: 2022-11-23)}

(D) APPLICATIONS PRESENTED BEFORE THE CHIEF JUSTICE OR BEFORE A JUDGE DESIGNATED BY THE CHIEF JUSTICE

Examples of applications presented before the Chief Justice or before a judge designated by the Chief Justice:

• Applications for placement on the roll by preference (s. 81 R.C.A.Q.Civ.M.).
• Applications requesting directives for the subsequent conduct of an appeal (art. 369 C.C.P.).

General rules for presenting applications to the Chief Justice:

• Accompanied by a notice with the date of presentation. The date of presentation of the application must have been determined in advance with the clerk before the notice of presentation is completed (Court office in Montreal: 514-393-2022; Court office in Quebec City: 418-649-3401).
  The application and the notice of presentation must be notified together to the other parties at least five working days before the presentation date (art. 377 C.C.P. and s. 81 R.C.A.Q.Civ.M.).
• Two paper copies of all of these documents must be filed with the Court office (s. 65 R.C.A.Q.Civ.M.). The PDF version must be transmitted to the Court office by means of the Digital Office of the Court of Appeal (s. 13 R.C.A.Q.Civ.M.). Please refer to the Chief Justice’s Directive entitled “Rules Respecting the Preparation of the PDF Version of Pleadings, Briefs, Memoranda, Books of Authorities or Any Other Document” and the Clerk’s Practice Direction No. 7 entitled “Transmission of the PDF Version of Certain Pleadings, Briefs, Memoranda and Other Documents by Means of the Digital Office of the Court of Appeal (DOCA)”.
• All documents necessary for the adjudication of the application must be attached to it (s. 67 R.C.A.Q.Civ.M.).
• Dress code at hearings of applications (s. 8 R.C.A.Q.Civ.M.): a gown need not be worn, but sober attire is required.
• Such applications are contested orally at the hearing, but the opposing party may file with the Court office and notify to the other parties an outline of oral argument not exceeding two pages setting out its position (s. 74 R.C.A.Q.Civ.M.).

_{(Updated: 2022-11-23)}
 

(E) ADJOURNMENT AND PARTY EXCUSED FROM ATTENDANCE

• Adjournment (s.71 R.C.A.Q.Civ.M.):

  • A party seeking an adjournment must, as soon as possible, request it by writing to the presiding member of the panel, to the judge or to the clerk, as the case may be. The request must indicate the reasons in support of the adjournment and whether or not the other party or parties consent to the adjournment, and it must suggest a hearing date when all parties are available, should the request for adjournment be granted.

• Party excused from attendance (s. 72 R.C.A.Q.Civ.M.): A party who declares in writing that it is not contesting an application may be excused from attending the hearing.