Civil matter questions

1. What is the role of the Court of Appeal of Quebec?

The Court is the general court of appeal for the province of Quebec. With few exceptions, the Court is responsible for hearing appeals from the lower courts in the province, such as the Court of Quebec and the Superior Court. The Court therefore hears appeals in most areas of law, including criminal, civil and family law.

2. Does the Court rehear the trial?

No. The Court of Appeal analyzes the judgment rendered and the file as constituted in first instance.

The Court will intervene in findings of fact only if the appellant establishes that the trial judge committed a palpable (i.e., obvious) error and that this error was overriding (i.e., determinative of the trial judge’s conclusions).

As a general rule, the Court will intervene to correct errors of law committed by the trial judge.

It should be noted that no witnesses are heard in appeal, the purpose of the hearing being to give the parties an opportunity to present oral arguments and to discuss the matter with the judges hearing the case.

3. What is the Court of Appeal’s position in the judicial hierarchy?

This diagram shows the position of the various courts in the judicial system: 

 

4. What is the Court’s contact information?

The Court holds hearings in the cities of Montreal and Quebec:

5. When is the Court open?

The Court is open from Monday to Friday between 8:30 a.m. and 4:30 p.m., except during public holidays.

6. Are the Court’s hearings open to the public?

Yes, however, persons attending a hearing must be appropriately dressed. Lawyers and articling students must comply with the Regulation of the Court of Appeal of Québec in civil matters, the Regulation of the Court of Appeal of Québec in criminal matters and the Regulation of the Court of Appeal of Québec in penal matters:

https://courdappelduquebec.ca/procedures-avis-et-formulaires/

7. Is the use of technological devices permitted in the Courtrooms?

With some exceptions, the use of mobile phones, cameras, computers and other electronic devices in the courtroom is prohibited. For more information, see the applicable guidelines (updated on 27 April 2022) :

https://courdappelduquebec.ca/fileadmin/Fichiers_client/Procedures_et_avis/Lignes_directrices/2022_04_27_Lignes_DIRECTRICES_TECHNO_CA_EN.pdf

8. Do I need a lawyer or can I represent myself?

If you are a natural person (i.e., individual), you can represent yourself, without a lawyer. However, a legal person (i.e., company) must be represented by a lawyer. In all cases, it is strongly recommended that you speak with a lawyer before initiating appellate proceedings.

Only lawyers are authorized to represent another person before the courts.

9. Can the Court staff answer all types of question?

If you are a natural person (i.e., individual), you can represent yourself, without a lawyer. However, a legal person (i.e., company) must be represented by a lawyer. In all cases, it is strongly recommended that you speak with a lawyer before initiating appellate proceedings.

Only lawyers are authorized to represent another person before the courts.

10. What do these words and phrases mean?

Please consult this page for a glossary of words commonly used in the appeal process:

http://courdappelduquebec.ca/en/general-information/glossary/

11. What is the time limit for filing an appeal?

Generally speaking, the time limit for filing an appeal is 30 days from the date of the notice of judgment or 30 days from the date of the judgment if the judgment was rendered at the hearing. In other words, a person who wants to appeal a judgment has 30 days to initiate the appeal.

Certain laws may establish shorter time limits.

In all cases, it is strongly recommended that you speak with a lawyer as soon as possible.

12. Is it possible to file an appeal after the time limit has expired?

In civil matters, if the judgment appealed from was rendered within the preceding six months, the Court may, exceptionally, grant an application for leave (i.e., permission) to appeal after the expiry of the time limit. The application must specify the reasons why the judgment was not appealed within the required time limit and set out the proposed grounds of appeal. For more information, please refer to the model pleading for such an application and the aide-memoire, which are available at the following links:

http://courdappelduquebec.ca/procedures-et-avis/modeles-de-procedure/   and

http://courdappelduquebec.ca/informations-generales/aide-memoire/

13. Where do I file an appeal?

The Court of Appeal hears appeals in Montreal and in Quebec City.

Appeals from judgments rendered in the judicial districts of Beauharnois, Bedford, Drummond, Gatineau, Iberville, Joliette, Labelle, Laval, Longueuil, Mégantic, Montreal, Pontiac, Richelieu, Saint-François, Saint-Hyacinthe and Terrebonne must be filed at the Court of Appeal sitting in Montreal.

Appeals from judgments rendered in the judicial districts of Abitibi, Alma, Arthabaska, Baie-Comeau, Beauce, Bonaventure, Charlevoix, Chicoutimi, Frontenac, Gaspé, Kamouraska, Mingan, Montmagny, Quebec, Rimouski, Roberval, Rouyn-Noranda, Saint-Maurice, Témiscamingue and Trois-Rivières must be filed at the Court of Appeal sitting in Quebec City.

14. Are there fees associated with filing an appeal?

Yes, in civil matters, in addition to the bailiff's fees and the preparation of briefs, there are court fees that must be paid. For more information on this subject, see

https://courdappelduquebec.ca/en/procedure-notices-and-forms/relevant-legislation-concerning-an-appeal/court-costs-and-fees/

For example, a natural person (i.e., individual) appealing a judgment terminating a Superior Court proceeding will have to pay the court fees to file a notice of appeal from a judgment terminating the proceeding ($369). These fees must be paid when the pleading is filed with the Court.

15. How do I appeal from a judgment?

A judgment of a court of first instance is appealed to the Court of Appeal by filing a notice of appeal with the office of the Court of Appeal. In some cases, the notice of appeal must be filed together with an application for leave (i.e., permission) to appeal.

For more information, please refer to the aide-memoire:

http://courdappelduquebec.ca/en/general-information/aide-memoire/how-to-file-an-appeal-in-civil-matters/.

16. It is necessary to obtain leave to appeal?

In civil matters, some judgments require that leave to appeal be obtained. This is generally the case with a judgment rendered in the course of a proceeding. This is also the case with a judgment terminating the proceeding when the value in dispute is less than $60,000, or where the Code of Civil Procedure specifies that leave is required, such as a judgment regarding execution.

In all cases, it is recommended that you speak with a lawyer.

17. Is leave to appeal always granted?

No. An application for leave to appeal will be granted only if the judge of the Court of Appeal is of the opinion that the application meets the criteria set by law (see, in particular, articles 30 and 31 of the Code of Civil Procedure).

18. What documents should I file with my application for leave to appeal?

The Court of Appeal does not have a copy of the file in first instance. Thus, you must attach a copy of the judgment appealed from as well as all the documents necessary for the adjudication of the application, including pleadings, exhibits, depositions, minutes of the court proceedings, judgments or excerpts from these documents. For more information, please refer to the aide-memoire:

http://courdappelduquebec.ca/en/general-information/aide-memoire/.

It is strongly recommended that you speak with a lawyer when preparing an appeal file.

19. Can I appeal from a decision denying leave to appeal?

No. The Court of Appeal cannot review such a decision. It is, however, possible to seek leave to appeal to the Supreme Court of Canada from a Court of Appeal judgment denying leave to appeal.

20. What is the effect of appealing a trial judgment?

Generally, initiating an appeal suspends the application of the judgment of first instance. However, there are exceptions. It is strongly recommended that you refer to the applicable law on the subject and speak with a lawyer.

21. Is an appeal brief always required?

Yes. As a general rule, an appeal brief is required.

A memorandum replaces the brief when the appeal is sought against a judgment in a matter involving physical integrity, civil status, legal capacity, habeas corpus, family law, international child abduction, or seizure, as well as where the judgment appealed from is rendered in the course of a proceeding or in a non‑contentious proceeding.

In all cases, it is essential to consult the relevant provisions of the Code of Civil Procedure and the Regulation of the Court of Appeal of Quebec in Civil Matters. It is recommended that you speak with a lawyer.

22. What is the purpose of an appeal brief or memorandum?

The appeal brief or memorandum sets out the facts of the case and the issues in dispute as well as the parties’ positions and arguments. Relevant excerpts from the evidence and a list of the authorities relied on are attached to the brief or memorandum. Each party must file its brief or memorandum with the Court and notify it to the other parties. The judges hearing the case will review each brief or memorandum before the hearing.

The content and form of the appeal brief and memorandum are determined by the Code of Civil Procedure and the Regulation of the Court of Appeal of Quebec in Civil Matters.

23. Are transcripts of the witness testimony required?

It is up to the appellant to include in its brief the relevant excerpts of depositions taken in first instance. This decision is crucial for the success of the appeal, and it is strongly recommended that you speak with a lawyer in this regard. Parties who wish to avoid transcription costs may agree on a joint statement of facts and issues in dispute, which is inserted after Part V of the argument in the appellant’s brief or memorandum.

24. Can the Court refuse an appeal brief?

Yes. If a brief does not comply with the Regulation of the Court of Appeal of Quebec in Civil Matters, the clerk will advise the brief’s author of the elements that need correcting and establish a time limit for making the corrections. If the required corrections are not made, the brief will be refused.

The clerk will also refuse the filing of the brief if it is filed after the expiry of the time limit.

25. In civil matters, what is the time limit for filing an appeal brief?

Usually, the appellant must file an appeal brief within three months after filing the notice of appeal, after the judgment granting leave to appeal has been rendered or after the judgment on an application to dismiss the appeal has been rendered.

After the appellant’s brief is filed, the respondent has two months to file its brief. The respondent’s brief is a reply to the appellant’s brief.

Impleaded parties and intervenors have four months to file their brief following notification of the appellant’s brief.

26. Can these time limits be extended?

A clerk may extend the time limit if an application for an extension is made before the time limit expires.

27. What will happen if the appeal briefs are not filed within the time limit?

If the appellant does not file its brief within the time limit, the appeal lapses.

If the respondent, impleaded party or intervenor does not file its brief within the time limit, it is precluded from filing the brief and, baring exceptions, will not be heard at the hearing.

28. Is it possible to resolve the case without a hearing?

Yes. The parties may settle their case out of court at any stage of the appeal.

In addition, parties who are represented by counsel may participate in a settlement conference presided by a judge of the Court. Participation in a settlement conference is free and voluntary and requires the consent of all the parties involved. For more information, please refer to:

http://courdappelduquebec.ca/en/judical-mediation-and-facilitation-conferences/

29. When is the file ready to be heard?

The case is ready to be heard by the Court as soon as the court record (i.e., court file) is complete. A court record is complete when all the appeal briefs or memoranda have been filed in Court. At that time, the Court clerk sets the case down for hearing and informs the parties.

If the respondent does not file an appeal brief or memorandum, the clerk will set the case down for hearing after having issued a certificate of foreclosure.

30. When can I expect to be heard?

Once the court record is complete and the appeal has been set down for hearing, it takes about 10 to 14 months to have a hearing before the Court.

The Court will inform the parties of the hearing date and time at least 60 days in advance. This information is also published on the Court’s website:

http://courdappelduquebec.ca/en/rolls/.

31. When will the judgment be rendered?

The judgment may be rendered at the hearing in the presence of the parties or taken under advisement.

32. Is the Court of Appeal judgment final?

Yes, unless an application for leave (i.e., permission) to appeal to the Supreme Court of Canada is filed and leave is granted. Please refer to the Supreme Court’s website in this regard:  www.scc-csc.gc.ca.

33. Is the Court of Appeal judgment executory?

Yes. The judgment is executory as soon as it is rendered. This means that the Court’s judgment applies immediately. A party may, however, apply to the Court of Appeal for a stay (i.e., suspension) of the judgment, if the party shows that it intends to apply for leave (i.e., permission) to appeal to the Supreme Court of Canada.

34. How much will I receive for my bill of costs?

For information on the bill of costs, please refer to the following page: https://courdappelduquebec.ca/en/procedure-notices-and-forms/bill-of-costs/.

35. Can I access Court of Appeal decisions online?

Yes. Decisions of the Court issued with reasons since January 1, 1986 are available online at no cost at: http://citoyens.soquij.qc.ca/

36. Are the Court of Appeal’s decisions available in both French and English?

No. The Court generally renders its decisions either in French or in English. Certain decisions selected by the Court are translated into the other official language. However, a party is entitled to have their judgment translated at no cost, whether the translation is from French to English or English to French.