A
Abandoned Appeal
If a case is not progressing in accordance with the Rules of the Court of Appeal of Quebec in Criminal Matters, the clerk may place the case on a special roll, in which event the clerk must give the parties and their lawyers at least 30 days’ prior written notice. If a party is not represented by counsel, the notice must be sent by registered mail.
If the clerk’s instructions or the Rules of the Court of Appeal of Quebec in Criminal Matters have not been complied with or if the appeal is not ready to be placed on the roll on the date mentioned in the notice, the Court, after providing the parties an opportunity to be heard, may declare the appeal abandoned, declare the appeal ready to be placed on the roll or declare that the respondent is foreclosed from pleading unless the party in default can show valid cause, in which case the Court makes the order it deems appropriate.
Affidavit (Also: Sworn statement)
Written statement that is supported by the oath or solemn affirmation of the person making the statement, who can attest to the truth of the facts alleged in it. The affidavit must also be signed and certified by any person legally authorized to do so.
Appeal
Recourse provided for by law in which a party can ask the Court of Appeal to vary a judgment in that party’s favour. A right of appeal exists only where provided for by law.
Appeal as of right (Also: Appeal Pleno Jure)
In civil matters:
Appeal that does not require prior permission from the Court. The appeal is initiated by filing a notice of appeal with the Court office, together with proof of service of the notice of appeal on the respondent.
In criminal and penal matters:
Appeal that does not require prior permission from the Court. The appeal is initiated by filing a notice of appeal with the Court office.
Appeal Deadline (Also: Time limit to appeal)
In civil matters:
The appeal deadline is generally 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, however, may establish shorter time limits. In all cases, it is strongly recommended that parties consult a lawyer without delay.
In criminal and penal matters:
The appeal deadline is generally 30 days from the date of the judgment. In other words, a person who wants to appeal a judgment has 30 days to initiate the appeal. Certain laws, however, may establish shorter time limits. In all cases, it is strongly recommended that parties consult a lawyer without delay.
Appeal management conference
In civil matters:
Conference held by the coordinating judge at the request of the parties or by a judge of the Court at the judge’s initiative.
It allows the parties to define the issues in dispute and establish appropriate means to simplify the proceedings and reduce the duration of the hearing.
The judge may issue orders to facilitate the conduct of the appeal proceedings.
In criminal or penal matters:
Conference held by a judge at the request of the parties or at the judge’s initiative.
It allows the parties to define the issues in dispute and establish appropriate means to simplify the proceedings and reduce the duration of the hearing.
The judge may issue orders to facilitate the conduct of the appeal proceedings.
Appeal with leave (i.e., with permission or authorization)
In criminal matters:
Appeal requiring prior permission from the Court of Appeal or from one of its judges after the presentation of an application for leave to appeal.
This is generally the case for an appeal from a judgment on guilt or a judgment on the sentence.
If the application for leave to appeal is dismissed, the decision cannot be reviewed by the Court of Appeal, but it is possible to apply to the Supreme Court of Canada for leave to appeal from that decision.
In penal matters:
Appeal requiring prior permission from a judge of the Court of Appeal after the presentation of an application for leave to appeal.
This is generally the case for an appeal from a judgment rendered in appeal by a judge of the Superior Court.
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 291 and 292 of the Code of Penal Procedure (CQLR, c. C-25.1)).
If the application for leave to appeal is dismissed, the decision cannot be reviewed by the Court of Appeal, but it is possible to apply to the Supreme Court of Canada for leave to appeal from that decision.
In civil matters:
Appeal requiring prior permission from a judge of the Court of Appeal after the presentation of an application for leave to appeal.
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.
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 (CQLR, c. C-25.01)).
If the application for leave to appeal is dismissed, the decision cannot be reviewed by the Court of Appeal, but it is possible to apply to the Supreme Court of Canada for leave to appeal from that decision.
Appel sur permission
En matière civile :
Appel nécessitant la permission préalable d’un juge de la Cour à la suite de la présentation d’une demande pour permission d’appeler.
C’est généralement le cas du jugement rendu en cours d’instance. C’est aussi le cas du jugement qui met fin à l’instance dont la valeur en litige est inférieure à 60 000 $ ou si le Code de procédure civile établit que la permission est requise, tel le jugement en matière d’exécution.
Une demande de permission d’appeler doit être accompagnée d’une déclaration d’appel lors de son dépôt au greffe de la Cour.
La demande pour permission d’appeler ne sera accordée que si elle répond, de l’avis du juge de la Cour d’appel, aux critères établis par la loi (voir notamment les articles 30 et 31 du Code de procédure civile (RLRQ c. C-25.01)).
La décision du juge rejetant la demande pour permission d’appeler ne peut pas être révisée par la Cour d’appel. Il est toutefois possible de demander à la Cour suprême du Canada l’autorisation d’appeler d’un jugement refusant une permission d’appeler.
Appellant
Party that appeals a judgment rendered in first instance.
Applicant (Sometimes also: Petitioner)
Party that files an application.
Application (Also: motion)
Pleading intended for the Court, a judge or the clerk, as the case may be, in which a party makes a request.
Application addressed to an appellate judge
Application presented to a judge of the Court of Appeal sitting alone.
Application addressed to the clerk
Application presented to the clerk of appeals or the assistant clerk.
Application addressed to the Court
Application presented to a panel of three judges.
Application for Leave to Appeal
Acte de procédure introductif de l’instance d’appel par lequel une partie demande l’autorisation à la Cour d’appel ou à l’un de ses juges pour porter en appel un jugement qu’elle souhaite contester.
Application for leave to appeal
In civil matters:
Originating appellate pleading in which a party asks a judge of the Court of Appeal for permission to appeal a judgment it wants to challenge. An application for leave to appeal must be accompanied by a notice of appeal at the time it is filed with the Court office.
In penal matters:
Originating appellate pleading in which a party asks a judge of the Court of Appeal for permission to appeal a judgment it wants to challenge.
In criminal matters:
Originating appellate pleading in which a party asks the Court of Appeal or one of its judges for permission to appeal a judgment it wants to challenge.
Application for leave to initiate an incidental appeal
In civil matters:
In some cases, if a notice of appeal has already been filed by a party, another party can ask a judge of the Court of Appeal for permission to initiate an incidental appeal. An application for leave to initiate an incidental appeal must be accompanied by a notice of incidental appeal at the time it is filed with the Court office.
Avis d'audition
Avis du greffier transmis aux avocats ou aux parties non représentées indiquant le jour d’audition de leur appel.
B
Bill of costs
Document setting out the legal costs to which a party claims it is entitled.
Book of Authorities
Book that includes statutory or regulatory texts, case law and legal literature (or extracts from these various documents) cited by a party in its brief/memorandum and in which the relevant passages have been identified.
Brief
Document filed by each party and consisting of a written argument as well as three schedules that include the documents required by the Regulation of the Court of Appeal of Quebec in Civil Matters (CQLR c. C-25.01, r. 0.2.01), the Rules of the Court of Appeal of Quebec in Criminal Matters or the Regulation of the Court of Appeal of Quebec in Penal Matters (CQLR c. C-25-1, r. 0.1).
C
Certificate concerning the Transcription of Depositions (Also: Attestation concerning the transcription of depositions)
Certificate concerning the transcription of depositions
In civil matters:
Certificate in which the appellant attests that it has given instructions to an official stenographer for the transcription of the depositions it intends to use or certifying that no transcript of depositions is required for the purposes of the appeal.
Attestation concerning the transcription of depositions
In penal matters:
Certificate in which the appellant attests that it has given instructions to an official stenographer for the transcription of the depositions it intends to use or certifying that no transcript of depositions is required for the purposes of the appeal.
Certificate of lapse
In civil matters:
Document through which the clerk of the Court notes that the brief or memorandum of the appellant or incidental appellant has not been filed in time.
The certificate of lapse is sent to the parties and terminates the appeal or incidental appeal.
Chief Justice
The Chief Justice, who is vested with specific powers, is responsible for the general management of the Court of Appeal.
Her duties include ensuring the smooth functioning of the Court and seeing to it that the judges who are members of the Court abide by the rules of ethics.
Clerk (Also: Clerk of Appeals)
Officer of justice who is under the authority of the Minister of Justice and is appointed to the Court in accordance with the Courts of Justice Act (CQLR, c. T-16).
The clerk is in charge of the Court office and performs certain judicial functions. The clerk may choose deputy clerks, who are authorized to exercise the clerk’s powers. The clerk is also assisted by the personnel needed to carry out the clerk’s functions and run the Court office.
Clerk at the hearing
Officer of justice who assists the Court, the appellate judge or the clerk of appeals at hearings.
Such clerks record hearings, draw up the minutes of hearings and receive any exhibits filed during a hearing.
Compendium (Also: condensed book)
Document reproducing only the extracts from a party’s brief or memorandum and from its authorities to which the party intends to refer during the oral argument. It may be attached to an outline of the party’s oral argument.
Coordinating Judge
The coordinating judge assists the Chief Justice in managing the business of the Court in the Quebec City appeal district.
In particular, she is involved in preparing the hearing rolls and assigning cases to the Court’s judges and, as a general rule, she hears appeal management conferences.
Counsel
Another word for “lawyer”.
Court costs and fees
Court costs and fees are amounts set out in a tariff and required for certain services rendered by Court office staff, such as providing copies, or for the filing of documents, including those required by a regulation or a statute other than the Code of Civil Procedure.
They refer to the stamps affixed to pleadings to indicate the court costs and fees payable under the Tariff of judicial fees in civil matters (CQLR, c. T-16, r. 10) for the filing, production or issuance of certain documents and pleadings.
For example, a natural person who appeals a judgment terminating a Superior Court proceeding will have to pay the court fees for filing a notice of appeal from a judgment terminating a proceeding. These fees must be paid when the relevant pleading is filed with the Court.
Court Office (Also: Counter of the Court Office)
Registry of the Court of Appeal. The Court office is in charge of managing Court records and it is where pleadings are filed.
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 are heard before 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 brought before the Court of Appeal sitting in Quebec City.
The Court of Appeal has two seats: one in Montreal (Ernest Cormier Building, 100 Notre-Dame Street East) and the other in Quebec City (300 Jean-Lesage Boulevard).
Paper pleadings must be filed at one of the Court’s two seats, directly at the counter of the appropriate Court office.
Court usher
Court ushers ensure the orderly conduct of hearings.
Before a hearing, they prepare the courtroom and bring the documents contained in the Court record for the cases to be heard as well as all other documents filed in support of those cases. At hearings, they maintain order in the courtroom and apply the rules of conduct and decorum.
D
Date of presentation
Date chosen by an applicant for the presentation of its application. This date is indicated in the document entitled “Notice of Presentation” that accompanies an application.
Declaration of readiness
Declaration sent by the clerk to counsel and to self-represented parties when a hearing date has not previously been set by the Court, by a judge or by the clerk and the appeal is ready to be heard.
Depositions
Testimony of witnesses, before or during a trial. The transcription of depositions is prepared by an official stenographer.
Digital Office of the Court of Appeal (Also: DOCA)
The Digital Office of the Court of Appeal (DOCA) is a Web-based application that parties, whether or not represented by a lawyer, can use to open an appeal file by filing an originating appellate pleading in a civil, criminal, extradition or penal matter.
Once an appeal file has been opened, parties can use DOCA’s “Transmit” function to file the technological version of their book of authorities.
DOCA can also be used to securely transmit a technological version of a pleading/document previously filed with the Court office.
E
Exemption
Exception granted by the clerk of appeals or an assistant clerk, which, in the given specific circumstances, allows a party to derogate from a Court rule in a pleading.
F
Facilitation conference
In criminal or penal matters:
Confidential judicial process in which a judge presides over a conference involving the parties’ lawyers for the purpose of seeking partial or final resolution of the appeal.
Fast-Track
Process followed in an appeal with memoranda, which proceeds within a reduced timeframe.
H
Hearing on the merits
When three or more judges hear a case on the merits. The “merits” refers to the ultimate purpose of the dispute before the Court of Appeal. At this hearing, the Court decides the outcome of the appeal.
As a general rule, the judgment rendered after the hearing on the merits terminates the case before the Court of Appeal and the file is closed.
Hearing roll
Document setting out the schedule of hearings for a given day or week.
I
Impleaded party
Third party whose presence is required in order for a dispute to be fully resolved.
Incidental Appeal
In civil matters:
Appeal initiated by a party other than the appellant, in a case in which a notice of appeal has already been filed. The incidental appeal is initiated by filing a notice of incidental appeal with the Court office.
Incidental appellant
Party that files an incidental appeal.
Incidental respondent
Party against whom an incidental appeal is filed.
Intervenor (Also spelled: Intervener)
Third party that intervenes in the appeal process either by operation of the law or after presenting an application and obtaining leave to intervene.
J
Judgment
This is the decision of the Court of Appeal, which rules on the outcome of the case. A judgment is rendered by a majority of the judges having heard the case.
Judgment in first instance (éAlso: trial judgment; judgment under appeal)
Decision of a lower court that is appealed to the Court of Appeal.
Judgment on guilt (Also: judgment on conviction)
Judgment in which a person is found guilty or not guilty of an offence.
Judgment rendered in the course of a proceeding
Decision rendered before the final judgment.
Judgment terminating a proceeding
Judgment that terminates a dispute.
Juge sitting ad hoc
A judge sitting ad hoc is a Superior Court judge whose services have been loaned to the Court of Appeal at the request of the Chief Justice to hear one or more appeals or to sit for a specified period of time.
The judge sitting ad hoc has the same powers and duties as a judge of the Court of Appeal.
L
Leave
Another word for “authorization” or “permission”.
Legal costs
Various costs incurred when bringing a dispute before the courts. They include courts costs and fees, disbursements incurred for the physical preparation of appeal briefs and memoranda, and professional fees and expenses for the service and notification of pleadings and documents.
Legal costs are generally awarded to the party in whose favour the judgment is rendered.
Litigant (Also, sometimes: citizen, person, member of the public)
A person who can have their rights recognized, and exercise those rights, through the courts.
The person has the standing and interest to appear in judicial proceedings. To appear in judicial proceedings means to go before a court as a plaintiff, defendant, third party, intervenor or impleaded party for the purpose of asserting one’s rights or defending oneself.
Every litigant has the right to choose their own representative and to be heard according to the rule or principle of audi alteram partem.
M
Master of the rolls
Under the supervision of the Chief Justice and the coordinating judge, the master of the rolls is in charge of scheduling cases.
Memorandum
Document prepared in lieu of a brief in the case of a fast-track appeal. It consists of an argument as well as three schedules and must follow the same rules of presentation as a brief.
N
Notice of appeal
Originating appellate pleading in which a party who is dissatisfied with a trial judgment expresses its intention to appeal.
Notice of Discontinuance
In civil matters:
Pleading through which an appellant abandons its notice of appeal or application for leave to appeal before a judgment is rendered. The clerk must be informed about the discontinuance without delay.
In criminal and penal matters:
Pleading through which an appellant abandons its notice of appeal or application for leave to appeal before a judgment is rendered. The clerk must be informed about the discontinuance without delay.
Appellants who wish to discontinue their appeal must file a notice of discontinuance signed by them or their lawyer. Where the notice of discontinuance is signed by the appellant, the appellant’s signature must be certified by affidavit or endorsed by a lawyer, or if the appellant is detained, by an officer of the detention facility.
Where a notice of discontinuance is filed and the appellant is on interim release, the appellant must surrender to the appropriate custodial authorities within three days of filing the discontinuance, or if the appellant is on probation or serving a conditional sentence of imprisonment, the notice must be notified to the probation officer or supervision officer within the same time limit.
A judge may confirm the discontinuance, even in the absence of the parties or their lawyers.
Notice of incidental appeal
In civil matters:
If a notice of appeal has already been filed in a case, another party can initiate an incidental appeal by filing a notice of incidental appeal with the Court office. An incidental appeal continues despite the withdrawal or dismissal of the principal appeal.
Notice of presentation
Pleading that accompanies an application and through which a party informs the other parties to the dispute of the date and place where the application will be heard.
Notice of the non-compliance
Notice issued by the clerk after a non‑compliant brief or memorandum is filed.
The clerk mentions the required corrections and gives the party additional time to make the corrections.
The notice of non‑compliance is sent to the lawyer or to the party that filed a non‑compliant document, as well as to the other lawyers and/or parties in the case.
O
Out-of-Court settlement
Name given to an agreement that has been reached between the parties without court intervention and that terminates ongoing proceedings.
Outline of the oral argument
A document of no more than two pages filed by a party in order to set out for the judges the order of its oral argument.
P
Pleading
A formal document in which a party to a legal proceeding sets out its case, including its allegations and claims.
Pourvoi
Another word used in French as a synonym for “appel” (i.e., “appeal” in English).
Preclusion
Loss of the right to file the brief or memorandum by the respondent or any other party who fails to comply with the time limit for filing its brief or memorandum.
A party who has been precluded from filing its brief or memorandum cannot be heard at the hearing, unless so authorized by the Court.
Proof of notification
The purpose of notification is to bring a document to the attention of interested parties, whether the document is a pleading or any other document.
A document intended for two or more addressees must be notified to each of them separately.
Notification may be made by any appropriate method that provides the notifier with proof that the document was delivered, sent or published. Such methods include notification by court bailiff, by mail, by delivery, by technological means and by public notice.
Proof of notification may take the form of a copy of the transmission slip or the acknowledgement of receipt.
Proof of service
Service is a form of notification which, when required by law, is made by a court bailiff. It entails the bailiff delivering the document to its addressee.
Once a pleading or document has been served, the bailiff draws up a report, commonly known as a certificate of service, which is proof of service. This report specifies the manner in which service was effected. This is an authentic act emanating from a public official.
Puisne Judge
Puisne judges are judges of the Court of Appeal who have a normal (or regular) judicial workload.
They sit as appellate judges and as members of a panel of the Court.
R
Reference
Process by which the government can submit the questions it deems appropriate to the Court for hearing and consideration.
Respondent
Party against whom appeal proceedings or an application is filed.
S
Sentence (Also: sentencing judgment)
Judgment that imposes a sentence on a person convicted of an offence.
Setting down for hearing
Notice sent by the clerk to the parties when the case is ready to be placed on a roll for a hearing of the appeal on the merits.
Settlement conference
In civil matters:
Confidential judicial process in which parties to a dispute mutually agree to try to find a solution to their dispute during a session presided by a judge of the Court who acts as a mediator.
Supernumerary Judge
Supernumerary judges are judges of the Court of Appeal who have a lighter judicial workload.
Judges can opt for supernumerary status if they are sixty-five years old and have at least fifteen years of seniority within the judiciary, or if they are seventy years old and have at least ten years of seniority within the judiciary.
W
Working day(s)
In civil matters:
Refers to weekdays that are not holidays.
In criminal and penal matters:
Counted from Monday to Friday, excluding the holidays listed in article 18 of the Code of Penal Procedure (CQLR, c. C-25.1).