Court of Appeal of Quebec

Glossary in Civil, Criminal and Penal Matters


A written statement made under oath by a person who can attest to the truth of the facts alleged.


A statutory remedy through which a party asks the Court to amend a judgment in its favour. The right to appeal only exists where provided for by law. 

Appeal as of right

An appeal that does not require prior permission of the Court. Such an appeal is initiated by filing a notice of appeal with proof of service on the respondent. 

Appeal with leave

An appeal requiring the prior authorization of a judge of the Court. Such an appeal is initiated by filing an application for leave to appeal together with the notice of appeal.


Party that appeals a first instance judgment.


The party filing an application.


(Note: this term remplces the word "motion".)
A proceeding by which a party formulates a request. Depending on the nature of the request, an application may be made to the Court, a judge sitting alone or a clerk.

Application to the Court

An application presentable before a panel of three judges.

Application to an appellate judge

An application presentable before a judge of the Court of Appeal sitting alone.

Application to the clerk

An application presentable before the Clerk of the Court of Appeal.