The appellate clerks wish to remind counsel and unrepresented parties of the importance of choosing an appropriate presentation date for the hearing of an application so as to avoid postponements.
To do so:
- Before choosing a presentation date, it is strongly recommended that you communicate with the other counsel or parties in the file to choose a date that suits everyone.
- All the documents necessary for the adjudication of an application must be attached to it (section 67 of the Regulation of the Court of Appeal of Quebec in Civil Matters; Clerk’s Practice Directions Nos. 5 and 6 in criminal matters).
- If it is impossible to file a complete application (with all the required schedules), it is important you choose a presentation date sufficiently in the future to allow for completion of the application, which will avoid a postponement. When only the conclusions of the judgment under appeal have been recorded in the minutes, it is imperative you choose a presentation date sufficiently in the future to allow you to obtain the written reasons.
- Lastly, the date chosen for the presentation of the application must respect the various presentation time limits set out in the Court's rules of practice, and these time limits are calculated from the date the application is filed, not the date it is signed. In some cases, it takes several days for service of the application on all the parties, which delays the filing date accordingly.
By implementing these measures, many postponement requests can be avoided, thereby contributing to a better use of the Court's resources.