Court of Appeal of Quebec
The search engine :
- Processes all the words of the query and the order of the words has no impact;
- Considers the space between two words as a logical AND (the default operator)
- Locates documents including the words from the same root;
- Doesn’t differentiate capital and lower cases.
| Find | Operators | Examples |
|---|---|---|
| This exact phrase Finds documents containing the exact phrase placed in quotation marks | Quotation marks " " | "Business legal transaction" |
| All these words (The default operator) Finds documents containing all the words | AND, and, no operator | divorce AND incidental appeal Modification child support |
| Any of these words Finds documents containing any or both of these words | OR, or | Judges OR lawyers |
| None of these words Finds documents containing the first word but not the second | NOT, not | pay support NOT child |
Notices in civil matters
Clerk's Practice Direction in Civil Matter
Section 91 of the Regulation of the Court of Appeal of Quebec in Civil Matters authorizes the Clerk to publish Practice Directions to explain this regulation or the practice before the Court or to provide details in that regard. These practices directions may be reviewed and amended from time to time.
Below you will find a list of the Clerk's Practice Direction published by the Clerk in civil matters.
| Clerk's Practice Direction | NOTE |
| Clerk's Practice Direction No.1 - Notice to cease representing in a civil matter (art.194 para.1 C.C.P.) | Formerly Practice Direction G-4: Notice to cease representing a party (s.194, para. 1 C.C.P.) - Practice Direction REPEALED on October 3, 2022 and replaced by Clerk's Practice Direction No 1 |
| Clerk's Practice Direction No.2 - Transmission to the Court office by technological means of certain applications made with consent in civil matters (art. 378 C.C.P.) | Formerly Practice Direction G-5: Transmission to the Office of the Court by technological means of certain applications made with consent (s. 378 C.C.P.) - Practice Direction REPEALED on October 3, 2022 and replaced by Clerk's Practice Direction No 2 |
| Clerk's Practice Direction No.3 - Digital office of the Court of Appeal (DOCA): Pilot project respecting the electronic filing of notices of appeal and applications for leave to appeal in civil, criminal, extradition and penal matters | Formerly Practice Direction G-9, C-2 and P-1. These three Practice Directions were REPEALED on October 3, 2022 and replaced by Clerk's Practice Direction No.3 which now combines these three Practices Direction into one. |
| Clerk's Practice Direction No.7 - 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) | New Clerk's Practice Direction published on October 3, 2022 |
| Clerk's Practice Direction No.8 - Filing of the PDF version of books of authorities | New Clerk's Practice Direction published on October 3, 2022 |
In addition, the following Practice Directions were REPEALED on October 3, 2022 since their content was integrated into the new Regulation of the Court of Appeal of Quebec in Civil Matters:
| Practice Direction G-1: Notification of Appeal Briefs by Technological Means | See section 55 para. 2 and 3 R.C.A.Q.Civ.M. |
| Practice Direction G-2: Applications for Leave to Appeal | See section 30 para. 2 and section 36 R.C.A.Q.Civ.M. |
| Practice Direction G-3: Technological version of briefs, memoranda and books of authorities | See section 13 R.C.A.Q.Civ.M. and notice of the Chief Justice "Rules respecting the preparation of the PDF version of pleadings, briefs, memoranda, book of authorities or any other document " |
| Practice Direction G-6: Documents attached to an application and necessary for its adjudication (Applications presentable before a judge sitting alone) | See sections 32 and 67 R.C.A.Q.Civ.M. |
| Practice Direction G-7: Documents attached to an application and necessary for its adjudication (Applications presentable before a panel of three judges) | See sections 32 and 67 R.C.A.Q.Civ.M. |
| Practice Direction G-9: Digital office of the Court of Appeal (DOCA): Pilot project respecting the electronic filing of notices of appeal and applications for leave to appeal in civil matters | These Practice Direction was REPEALED on October 3, 2022 and replaced by Clerk's Practice Direction No.3 which now combines the three Practices Direction G-9, C-2 and P-1 into one. |
List of judgments deemed to be part of a book of authorities in civil matters (s. 61 R.C.A.Q.Civ.M.)
In accordance with s. 61 of the Regulation of the Court of Appeal of Quebec in Civil Matters (R.C.A.Q.Civ.M.) , the Court publishes a list of judgments that parties are exempt from including in their book of authorities. The case law included in this list is deemed to be part of the book of authorities. The Court is familiar with these judgments, which are frequently relied on before it. However, if a party wishes to draw the attention of the Court to one or more of these judgments, it may limit itself to including relevant excerpts (along with the preceding and succeeding pages) together with the headnote of the judgment (if available) (s. 60 para. 2 R.C.A.Q.Civ.M.).
This list does not constitute an exhaustive list of relevant judgments for any particular subject matter, nor an opinion in that regard.
Judgments in civil matters
- Pateras v. M.B., [1986] R.D.J. 441 (C.A.)
- R. v. Oakes, [1986] 1 S.C.R. 103
- Pelech v. Pelech, [1987] 1 S.C.R. 801
- Manitoba (A.G.) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110
- Moge v. Moge, [1992] 3 S.C.R. 813
- Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817
- Hickey v. Hickey, [1999] 2 S.C.R. 518
- Van de Perre v. Edwards, [2001] 2 S.C.R. 1014
- Housen v. Nikolaisen, [2002] 2 S.C.R. 235, 2002 SCC 33
- Viel v. Entreprises immobilières du Terroir Ltée., [2002] R.J.Q. 1262 (C.A.)
- H.L. v. Canada (A.G.), [2005] 1 S.C.R. 401, 2005 SCC 25
- Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9
- Canada (Ministre de la Citoyenneté et de l’Immigration) v. Vavilov, 2019 CSC 65;
- Bell Canada v. Canada (Procureur général), 2019 CSC 66;
- Société canadienne des postes v. Syndicat des travailleurs et travailleuses des postes, 2019 CSC 67.
Guidelines concerning the use of technological devices in courtrooms
- Guidelines concerning the use of technological devices in courtrooms (updated April 27, 2022)
Notices of the Chief Justice
- Rules respecting the preparation of the PDF version of pleadings, briefs, memoranda, book of authorities or any other document - October 3, 2022
- New coordinating judge at the seat of the Court of Appeal in Quebec city - August 8, 2022
- Digital office of the Court of Appeal: Pilot project respecting the electronic filing of notices of appeal in civil matters - April 7, 2020
- Applications made to an appellate judge sitting alone under the Code of civil procedure – Pilot project concerning the delay for presentation - October 24, 2018
- Pilot project: use of timing light in the montreal courtrooms of the court of appeal - June 21, 2018
- New Court of Appeal’s Coordinating Judge for Quebec City - May 29, 2018
- Notice - Motions before a judge in chambers - News and reminders - August 18, 2014
- Notice relating to jurisprudence deemed to have been filed in a book of authorities - May 1, 2014
- Notice of hearing - October 3, 2013
- Taxation for disbursements with respect to in-house factums, written arguments and books of authorities - May 8, 2013
- Notice - Electronic delivery of copies of judgments – June 30, 2010
- Access to the Ernest-Cormier Building when carrying heavy briefcases – June 15, 2010
- Notice - Electronic version of a transcript – May 20, 2010
- Notice concerning case management in civil matters by the court of appeal (Art.45 to 62 of the Rules) – February 6, 2009
- Directive of the Chief Justice regarding exemption of search procedures effective as of – February 4, 2008
- Notice about the obtainment of a copy of the oral arguments – Form – November 13, 2007
- Notice concerning the destruction of exhibits produced with motions and books of authorities – February 15, 2007
- Notice concerning article 68 e) of the rules of the court of appeal in civil matters and Article 71 e) of the Rules in Criminal Matters – January 24, 2007
- Notice - Appeal in Bankruptcy and Insolvency – June 2, 2006