Next steps following the opening of a court file in civil matters

(A) SETTLEMENT CONFERENCES (arts. 381 and 382 C.C.P. and ss. 76 and 77 R.C.A.Q.Civ.M.)

Perhaps you are represented by a lawyer but want to try to settle your case and put an end to the dispute quickly and at a lesser cost. If you are willing to discuss the case with the opposing party in order to arrive at a middle ground, a Settlement Conference may be right for you!

• It is held before a judge who acts as mediator in order to assist parties (who are represented by their lawyer) to resolve their dispute.
• It requires the consent of all the parties.
• The settlement agreement is subject to the approval of the mediating judge.
• A settlement conference is possible at any stage of an appeal.
• The service is free and confidential.
• It suspends the appeal time limits (including the time limit for filing a brief). 

Pamphlets and forms are available at the Court office counter and on the Court’s website.

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

(B) CERTIFICATES CONCERNING THE TRANSCRIPTION OF DEPOSITIONS (arts. 353 and 357 C.C.P.)

The appellant must notify to the respondent and file with the Court office a certificate stating that it has instructed an official stenographer to transcribe all or part of the depositions it will use, or that no such transcript is necessary.

• Must be filed with the office of the Court of Appeal by the appellant within 45 days after the date of the judgment under appeal or within 15 days following the judgment granting leave to appeal (arts. 353 and 357 C.C.P. and s. 35 R.C.A.Q.Civ.M.).
• Must have been notified to the opposing party (art. 357 C.C.P.).
• Parties who wish to avoid transcription costs may agree on a joint statement of facts, which is inserted after Part V of the argument in the appellant’s brief (art. 372 C.C.P. and s. 49 R.C.A.Q.Civ.M.).

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

(C) REPRESENTATION STATEMENTS AND NON-REPRESENTATION STATEMENTS (art. 358 C.C.P.)

The respondent and any other party with an interest in the appeal (impleaded party, intervenor) must file a Representation Statement indicating that they are represented by a lawyer. Parties who are representing themselves (do not have a lawyer) must instead file a Non-Representation Statement.

• Must be filed with the office of the Court of Appeal by the respondent or the party with an interest in the appeal within 10 days after notification of the Notice of Appeal (art. 358 C.C.P.).
• Must include an express reference to confidentiality, if applicable (s. 9 R.C.A.Q.Civ.M.).
• Must be notified.
• Paper format: 8 ½” x 11” (21.5 cm x 28 cm) (s. 24 R.C.A.Q.Civ.M.).
• A judicial fee of $92.25 (natural person) or $108 (legal person) must be paid.

If a party fails to file a Representation Statement or a Non-Representation Statement, it will not be entitled to file pleadings and the Court will not notify any notices to it (s. 38 R.C.A.Q.Civ.M.). Moreover, parties are not obliged to notify their briefs and other pleadings to a party who has not filed a Representation Statement or Non-Representation Statement (s. 28 R.C.A.Q.Civ.M.).

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

(D) INCIDENTAL APPEALS (art. 359 C.C.P. and s. 35 R.C.A.Q.Civ.M.)

A respondent who is dissatisfied with the judgment rendered in first instance may initiate an incidental appeal by filing a Notice of Incidental Appeal. The appeals (the principal appeal and the incidental appeal) will be heard at the same time.

• The Notice of Incidental Appeal must be filed at the counter of the office of the Court of Appeal (art. 359 C.C.P.).
• If the filing is done at the counter of the Court office, the PDF version of the Notice of Incidental Appeal 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)”.
• Must previously have been served on the opposing party (art. 360 C.C.P.).
• The service and the filing must be done within 10 days of the service of the Notice of Appeal in the principal appeal or within 10 days of the judgment granting leave to appeal.
• The Notice of Incidental Appeal must satisfy the same requirements as the Notice of Appeal in the principal appeal, with the necessary adjustments. In particular, the incidental appellant must file the certificate concerning the transcription of depositions (art. 353 C.C.P. and s. 35 R.C.A.Q.Civ.M.).

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

(E) BRIEFS AND MEMORANDA

Please refer to part 3 of this aide-memoire, which deals specifically with the preparation of briefs and memoranda.

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

(F) SETTING DOWN FOR HEARING (arts. 383 and 384 C.C.P.)

As soon as the appeal is ready to be heard, the clerk sets the appeal down for hearing. The setting down takes place after all the briefs (or memoranda) and other pleadings necessary for the appeal have been filed.

If the respondent has not notified and filed its brief or memorandum within the allotted time, the clerk will issue a certificate of foreclosure and the appeal will be set down for hearing (art. 383 C.C.P.).

The hearing date will then be determined based on the date of setting down for hearing, unless the Chief Justice gives specific instructions or unless legal provisions establish an order of priority.

Moreover, at the parties’ request, the Court may adjudicate the appeal on the face of the record, that is, without a hearing (art. 384 C.C.P.).

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

(G) BOOKS OF AUTHORITIES (ss. 60 to 62 R.C.A.Q.Civ.M.)

For purposes of the hearing on the merits of an appeal or the hearing of an application, a party may file a book of authorities. The book of authorities contains the case law, doctrine and statutory or regulatory provisions that are not already set out in Schedule II to the party’s brief (or memorandum) and are necessary for the party’s argument.

• The book of authorities must be filed 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)”. Thus, paper copies are necessary only if requested by the Court office. To that effect, see: https://courdappelduquebec.ca/en/rolls/book-of-authorities/.
• Time limit for notification and filing with the Court office:
  
    -  Hearings on the merits:

  • For the appellant: at least 40 days before the date set for the appeal hearing.
  • For the respondent and the other parties: at least 30 days before the date set for the appeal hearing.
  • Nonetheless, the book of authorities cannot be filed before a hearing date has been set.
  • Applications presented before the Court: at least five working days before the hearing date.
  • Applications presented before a judge: at least two working days before the hearing date.
  • Applications presented before the clerk: as soon as possible before the hearing date.
    
    

• Must not contain certain judgments (see the “List of judgments deemed to be part of a book of authorities in civil matters”, which is available on the Court of Appeal’s website).
• Indicate the relevant passages to facilitate finding them.
• Please also refer to the Clerk’s Practice Direction No. 8 entitled “Filing of the PDF Version of Books of Authorities”. 

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

(H) HEARINGS

The Court sits from September to June to hear appeals on the merits. The rolls are available on the Court’s website and are updated weekly to reflect discontinuances, settlements, modifications, etc. A copy of the roll is sent at least 60 days before the hearing to counsel or to unrepresented parties. The sending of the roll constitutes the notice of hearing. (s. 82 R.C.A.Q.Civ.M.). It specifies the time allotted to each party for oral argument (art. 385 C.C.P.).

• Monday to Friday, hearings begin at 9:30 a.m. (s. 84 R.C.A.Q.Civ.M.)
• Dress code (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.

• Ensure that cellular telephones and other electronic devices are on silent mode (s. 7 R.C.A.Q.Civ.M. and Guidelines of the Court of Appeal of Quebec Concerning the Use of Technological Devices in Courtrooms, updated April 27, 2022).
• Hearings are public, subject to exceptions.
• They are recorded (audio).
• At the beginning of a hearing, a party may provide the Court with an outline of its oral argument not exceeding 2 pages (s. 86 R.C.A.Q.Civ.M.).
• In the event of a discontinuance, settlement, bankruptcy or other event that terminates the appeal, the Court office must be informed as soon as possible (s. 45 R.C.A.Q.Civ.M.).

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

(I) DECISIONS (JUDGMENTS) (art. 387 C.C.P.)

After the parties have finished presenting their arguments, the Court renders its decision (judgment), which rules on the outcome of the matter before it.

The Court may render its decision at the end of the hearing. In such a case, the decision is rendered orally by the judge who presided at the hearing (and the decision is written down in the minutes of the hearing).

The Court may also take the matter under advisement and render its decision after the hearing. In such a case, the clerk will inform the parties once the Court has rendered its decision.

In all cases, the Court’s decision is rendered by a majority of the judges who heard the matter. 

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

(J) LEGAL COSTS (arts. 339 and following C.C.P.)

After the judgment is rendered, a party may be entitled to have its legal costs reimbursed. In principle, the successful party is entitled to the legal costs (art. 340 C.C.P.), which must be paid by the opposing party. The Court may decide otherwise.

In most cases, payment of the legal costs is done without the Court’s intervention.

• The party establishes the costs based on the tariffs in force. For costs not set out in a tariff, the amount claimed must be reasonable.
• The party prepares a bill of costs.
• It notifies the bill of costs to the debtor party—if the debtor party disagrees, it has 10 days to notify its opposition and file it with the Court office.
• In the event of an opposition, the bill of costs is submitted to the clerk of the Court for taxation (verification).
• The role of the clerk of the Court is limited to verifying that the costs not set by tariff are reasonable and that the costs set out by tariff are consistent with the tariff (s. 88 R.C.A.Q.Civ.M.). 

These legal costs include, among other things (art. 339 C.C.P.):

• Court costs and fees (see the Tariff of judicial fees in civil matters, CQLR, c. T-16, r. 10).
• Costs for the preparation of the brief, memorandum and book of authorities.
• Professional fees and expenses for the service and notification of pleadings.

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