Court of Appeal of Quebec

Physical preparation of briefs and memoranda in civil matters

The brief or memorandum is a document filed by each party. It consists of a written argument and schedules. The written argument cannot exceed 30 pages. It serves to set out the grounds and arguments in support of each party’s position. The schedules include, among other things, a copy of the judgment rendered at first instance as well as the exhibits and depositions necessary for the Court to decide the issues in dispute (s. 51 R.C.A.Q.Civ.M.).

In some matters (see art. 374 C.C.P.), a memorandum is filed instead of a brief. As with the brief, the memorandum contains a written argument and schedules. Unless a judge decides otherwise, however, the written argument in a memorandum cannot exceed 10 pages.

(Updated: 2022-11-22)


GENERAL REQUIREMENTS:

  • File five paper copies of the brief or memorandum with the Court office (ss. 55 and 58 R.C.A.Q.Civ.M.).
  • The PDF version of the brief or memorandum 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)”.
  • Notify a paper copy of the brief or memorandum and a technological version to each of the other parties. The technological version of the brief thus notified must be sent to the other parties at the same time as it is sent to the Court or on the same day (ss. 28, 55 and 58 R.C.A.Q.Civ.M.).
  • No later than three working days following the expiry of the time limit for filing the brief, proof of notification of the brief to the other parties must be filed with the Court office (ss. 55 and 58 R.C.A.Q.Civ.M.).

The following are the general formatting requirements:

  • Letter-sized paper (21.5 cm x 28 cm; 8 ½” x 11”), 12-point Arial font, margins of at least 2.5 cm (1 inch), white paper (ss. 24, 54(e) and 58 R.C.A.Q.Civ.M.).

    • Number of pages: maximum of 225 sheets per volume (ss. 54(h) and 58 R.C.A.Q.Civ.M.).
    • Consecutive page numbering (centered at the top of the page) (ss. 54(d) and 58 R.C.A.Q.Civ.M.).
    • The cover page must contain the following information:

      • Record number in appeal (ss. 54(b)(i) and 58 R.C.A.Q.Civ.M.).
      • Information regarding the file in first instance (ss. 54(b)(ii) and 58 R.C.A.Q.Civ.M.).
      • The style of cause, the brief heading and date (art. 99 para. 2 C.C.P. and ss. 25, 54(b)(iii) and (iv) and 58 R.C.A.Q.Civ.M.).
      • Name and status of the parties (upper case and lower case) (s. 25 R.C.A.Q.Civ.M.).
      • Name and contact information of the author of the brief (art. 103 C.C.P. and ss. 54(b)(v) and 58 R.C.A.Q.Civ.M.).

  • Each volume must be numbered on the cover page and its bottom edge. The sequence of pages it contains must also be printed on it (ss. 54(i) and 58 R.C.A.Q.Civ.M.).
  • The first volume of the brief must begin with a general table of contents (ss. 54(c) and 58 R.C.A.Q.Civ.M.).
  • Each subsequent volume of the brief must begin with a table of its contents (ss. 54(c) and 58 R.C.A.Q.Civ.M.).
  •  Argument:

    • Brief: maximum of 30 pages (Parts I to IV) (s. 50 R.C.A.Q.Civ.M.).
    • Memorandum: maximum of 10 pages (Parts I to IV) (s. 58 R.C.A.Q.Civ.M.).
    • Numbered paragraphs (ss. 54(f) and 58 R.C.A.Q.Civ.M.).
    • Line spacing: 1.5 (ss. 54(e) and 58 R.C.A.Q.Civ.M.).
    • Typeface: 12-point Arial (ss. 54(e) and 58 R.C.A.Q.Civ.M.).
    • Quotations: single-spaced and indented (ss. 54(e) and 58 R.C.A.Q.Civ.M.).
    • Argument divided into five parts: facts, issues in dispute, submissions, conclusions, authorities (ss. 48 and 58 R.C.A.Q.Civ.M.).

  • Printing:

    • Argument and Schedule I: must be printed on the left-hand pages (ss. 54(g) and 58 R.C.A.Q.Civ.M.).
    • Schedules II and III: must be printed on both sides of each sheet (ss. 54(g) and 58 R.C.A.Q.Civ.M.).

  • Final requirements: signature, attestation of compliance, undertaking, time requested for the oral argument (art. 99 para. 3 C.C.P. and ss. 52 and 58 R.C.A.Q.Civ.M.). The author of the brief must undertake to make available to any other party, at no cost, the depositions obtained on paper or technological media.

(Updated: 2022-11-22)

Appellant’s Brief or Memorandum

  • Briefs must be notified to the other parties having filed a Representation Statement or Non-Representation Statement and filed with the Court office within three months after the filing of the Notice of Appeal or after the judgment granting leave to appeal or within the time limit specified in an appeal management decision made by a judge of the Court (arts. 373 and 374 C.C.P.). The same applies to memoranda, subject to the time limits determined by a judge or the clerk (s. 43 R.C.A.Q.Civ.M.).
  • This time limit may be extended. To obtain an extension, the appellant must, before the expiry of the time limit, notify to the other parties and file with the Court office an Application to Extend the Time Limit (art. 373 C.C.P.).
    The cover page must be yellow (ss. 54(a) and 58 R.C.A.Q.Civ.M.).
    In addition to the argument, the appellant’s brief or memorandum includes three schedules (ss. 51 and 58 R.C.A.Q.Civ.M.):

    • (1)  The judgment under appeal, including the reasons given, the notice of judgment, if applicable, and in the case of a judicial review, the impugned decision. If only a handwritten version of the judgment and the reasons thereof exist, a typed transcription must be provided.
    • (2)  The notice of appeal, the application for leave to appeal, the judgment granting leave to appeal, the relevant pleadings, the minutes of the hearing on the merits in first instance and all applicable legislative provisions, in both French and English (other than those in the Civil Code of Québec and the Code of Civil Procedure).
    • (3)  All exhibits and depositions necessary for the Court to decide the issues in dispute.

(Updated: 2022-11-22)

Respondent’s Brief or Memorandum

  • Briefs must be notified to the other parties and filed with the Court office within two months after the filing of the appellant’s brief or within the time limit specified in an appeal management decision made by a judge of the Court (arts. 373 and 374 C.C.P.). The same applies to memoranda, subject to the time limits determined by a judge or the clerk (s. 43 R.C.A.Q.Civ.M.).
  • This time limit may be extended. To obtain an extension, the respondent must, before the expiry of the time limit, notify to the other parties and file with the Court office an Application to Extend the Time Limit (art. 373 C.C.P.).
    The cover page must be green (ss. 54(a) and 58 R.C.A.Q.Civ.M.).
  • In addition to the argument, the respondent’s brief or memorandum may, if necessary, include elements in addition to those in the appellant’s schedules (ss. 47 and 58 R.C.A.Q.Civ.M.).

(Updated: 2022-11-22)

Respondent/Incidental Appellant’s Brief or Memorandum

  • If there is an incidental appeal, the argument in the respondent’s brief or memorandum includes two parts: the first is the reply to the principal appeal (as respondent) and the second is its own argument (as incidental appellant) (ss. 53 and 58 R.C.A.Q.Civ.M.).
  • The title of the respondent/incidental appellant’s brief or memorandum shall be “Respondent/Incidental Appellant’s Brief (or Memorandum)”.
  • The brief must be filed with the Court office and notified to the other parties within two months after the filing of the appellant’s brief or within the time limit specified in an appeal management decision made by a judge of the Court (arts. 373 and 374 C.C.P.). The memorandum must be filed and notified within the time limit determined by a judge or the clerk.
  • This time limit may be extended. To obtain an extension, the respondent/incidental appellant must, before the expiry of the time limit, notify to the other parties and file with the Court office an Application to Extend the Time Limit (art. 373 C.C.P.).
  • The cover page must be green (ss. 54(a) and 58 R.C.A.Q.Civ.M.).
  • In addition to the argument, the incidental appellant’s brief or memorandum includes three schedules (ss. 51, 53 and 58 R.C.A.Q.Civ.M.). However, the schedules to the incidental appellant’s brief or memorandum should not reproduce the content that already appears in the schedules to the appellant’s brief (ss. 53 and 58 R.C.A.Q.Civ.M.). 

(Updated: 2022-11-22)

Incidental Respondent’s Brief or Memorandum

  • If there is an incidental appeal, the incidental respondent may reply by preparing an “Incidental Respondent’s Brief (or Memorandum)”.
  • The brief must be notified to the other parties and filed with the Court office within two months after notification of the respondent/incidental appellant’s brief or within the time limit specified in an appeal management decision made by a judge of the Court (arts. 373 and 374 C.C.P.). The memorandum must be filed and notified within the time limit determined by a judge or the clerk.
  • This time limit may be extended. To obtain an extension, the incidental respondent must, before the expiry of the time limit, notify to the other parties and file with the Court office an Application to Extend the Time Limit (art. 373 C.C.P.).
  • The cover page must be yellow (ss. 54(a) and 58 R.C.A.Q.Civ.M.).
  • In addition to the argument, the incidental respondent’s brief or memorandum may, if necessary, include elements in addition to those in the respondent/incidental appellant’s schedules (ss. 53 and 58 R.C.A.Q.Civ.M.).


(Updated: 2022-11-22)

Brief or Memorandum of the Other Parties (Intervenors or Impleaded Parties)

  • The brief must be filed with the Court office and notified to the other parties within four months after notification of the appellant’s brief or within the time limit specified in an appeal management decision made by a judge of the Court (arts. 373 and 374 C.C.P.). The memorandum must be filed and notified within the time limit determined by a judge or the clerk.
  • This time limit may be extended. To obtain an extension, the party must, before the expiry of the time limit, notify to the other parties and file with the Court office an Application to Extend the Time Limit (art. 373 C.C.P.).
  • The cover page must be grey (ss. 54(a) and 58 R.C.A.Q.Civ.M.).

(Updated: 2022-11-22)