Relevant legislation concerning an appeal

Charter of human rights and freedoms

109. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised nor any injunction granted against the Tribunal, its president or any other member acting in its or his official capacity.

A judge of the Court of Appeal may, on an application, annul summarily any decision, order or injunction issued or granted contrary to the first paragraph.

132. Any final decision of the Tribunal may be appealed from to the Court of Appeal with leave from one of the judges thereof.

 

 

Code of Civil Procedure

29. The Court of Appeal is the general appellate court in charge of hearing appeals against appealable judgments of other courts, unless a provision specifies that an appeal is to be made before another court.

30. Judgments of the Superior Court and the Court of Québec that terminate a proceeding, and judgments or orders that pertain to personal integrity, status or capacity, the special rights of the State or contempt of court, may be appealed as of right.

The following, however, may be appealed only with leave:

 (1) judgments where the value of the subject matter of the dispute in appeal is less than $60,000;

 (2) judgments rendered in non-contentious matters and not appealable as of right;

 (3) judgments dismissing a judicial application because of its abusive nature;

 (4) judgments denying an application for forced or voluntary intervention of a third person;

 (5) judicial review judgments of the Superior Court relating to the evocation of a case pending before a court or to a decision made by a person or body or a judgment rendered by a court that is subject to judicial review by the Superior Court, or relating to a remedy commanding the performance of an act;

 (6) judgments ruling on legal costs awarded to punish a substantial breach;

 (7) judgments confirming or quashing a seizure before judgment;

 (8) judgments ruling on execution matters.

Leave to appeal is granted by a judge of the Court of Appeal if that judge considers that the matter at issue is one that should be submitted to that Court, for example because it involves a question of principle, a new issue or an issue of law that has given rise to conflicting judicial decisions.

If it is necessary to calculate the value of the subject matter of the dispute in appeal, account must be taken of interest already accrued on the date of the judgment in first instance and of the additional indemnity mentioned in article 1619 of the Civil Code. Legal costs are disregarded. If the subject matter of the appeal is the right to additional damages for bodily injury, only the amount of those damages is to be taken into account.

31. A judgment of the Superior Court or the Court of Québec rendered in the course of a proceeding, including during a trial, is appealable as of right if it disallows an objection to evidence based on the duty of discretion of public servants, on professional secrecy or on the protection of the confidentiality of a journalistic source.

Such a judgment may be appealed with leave of a judge of the Court of Appeal if the judge considers that it determines part of the dispute or causes irremediable injury to a party, including if it allows an objection to evidence.

The judgment must be appealed without delay. The appeal does not stay the proceeding unless a judge of the Court of Appeal so orders. If the judgment was rendered in the course of the trial, the appeal does not stay the trial; however, judgment on the merits cannot be rendered nor, if applicable, the evidence concerned heard until the decision on the appeal is rendered.

Any other judgment rendered in the course of a trial, except one that allows an objection to evidence, may only be challenged on an appeal against the judgment on the merits.

32. Case management measures relating to the conduct of a proceeding and rulings on incidental applications concerning the continuance of a proceeding, the joinder or severance of proceedings, the stay of a trial, the splitting of a proceeding or pre-trial discovery cannot be appealed. However, if a measure or a ruling appears unreasonable in light of the guiding principles of procedure, a judge of the Court of Appeal may grant leave to appeal.

40. The Court of Appeal sitting at Montréal hears appeals against judgments rendered in the judicial districts of Beauharnois, Bedford, Drummond, Gatineau, Iberville, Joliette, Labelle, Laval, Longueuil, Mégantic, Montréal, Pontiac, Richelieu, Saint-François, Saint-Hyacinthe and Terrebonne. The Court of Appeal sitting at Québec hears appeals against judgments rendered in all other districts.

49. The courts and judges, both in first instance and in appeal, have all the powers necessary to exercise their jurisdiction.

They may, at any time and in all matters, even on their own initiative, grant injunctions or issue protection orders or orders to safeguard the parties’ rights for the period and subject to the conditions they determine. As well, they may make such orders as are appropriate to deal with situations for which no solution is provided by law.

51. The courts may, at any time, on an application and even on their own initiative, declare that a judicial application or a pleading is abusive.

Regardless of intent, the abuse of procedure may consist in a judicial application or pleading that is clearly unfounded, frivolous or intended to delay or in conduct that is vexatious or quarrelsome. It may also consist in a use of procedure that is excessive or unreasonable or that causes prejudice to another person, or attempts to defeat the ends of justice, particularly if it operates to restrict another person's freedom of expression in public debate.

57. The courts may punish the conduct of any person who is guilty of contempt of court, whether committed in or outside the presence of the court. In the case of contempt of the Court of Appeal committed outside the presence of the Court, the matter is brought before the Superior Court.

A transaction or any other act that puts an end to a dispute cannot be invoked against the court in a matter of contempt.

63. A court may make regulations to regulate practice in that court or in any of its divisions and to ensure, in keeping with this Code, that the procedure established by this Code is properly complied with. Such regulations must be adopted by a majority of the judges of the court or, if special rules are needed for the district of Québec or Montréal, by a majority of the judges of that district.

If expedient, the chief justice or chief judge of the court, after consulting the judges concerned, may issue directives for one or more districts, as needed. Those directives, of a purely administrative nature, are the only ones applicable.

64. For the purpose of adopting regulations, the chief justice or chief judge of the court determines the most effective method of consultation so as to obtain the opinion of each of the judges concerned.

The chief justice or chief judge sends draft regulations to the Minister of Justice so that the latter may submit observations on any provisions having financial implications either for the State or for the parties to a proceeding.

After taking the Minister's observations into consideration, the chief justice or chief judge publishes draft regulations in the Gazette officielle du Québec at least 45 days before they are to be adopted, with a notice stating that comments are welcome and specifying where they should be sent. If required by the urgency of the situation, the chief justice or chief judge may shorten the publication period, giving reasons in the publication notice.

65. Regulations adopted by a court come into force 15 days after their publication in the Gazette officielle du Québec or on any later date specified in the regulations.

All such regulations, as well as any directives issued by the chief justice or chief judge, must be published so as to be easily accessible to the public, including through posting on the court's website.

 66. Court offices provide clerical services to the court they serve, manage the information and documents required for the operation of the court and have custody of court registers, records, orders and judgments. They also manage the fees and costs prescribed by regulation and are responsible for the preservation of court records.

Court offices perform their functions in accordance with this Code, the regulations of the court, the directives of the chief justice or chief judge and those of the Deputy Minister of Justice, and within the technological environment in place to support the business of the courts.

67. Court clerks are in charge of the court office to which they are assigned and exercise the powers conferred on them by law. They may, with the consent of the Minister of Justice or a person designated by the latter, choose deputy court clerks, who are authorized to exercise those powers. Court clerks are assisted by the personnel needed to carry out their functions and run the court office. They may designate a person from among that personnel to perform, in their place or the deputy court clerks' place, acts that do not require the exercise of a jurisdictional or discretionary power.

In addition, the Minister, by order and with the consent of the chief justice or chief judge, may appoint special clerks to exercise, for the court, the adjudicative functions assigned to special clerks by law. Special clerks, by virtue of their office, may exercise the powers of court clerks.

68. The jurisdiction and powers conferred on the Court of Appeal are exercised by the Court, its judges or the court clerk, as provided in this Code, particularly in Title IV of Book IV, which governs appeals.

The jurisdiction and powers conferred on the courts of first instance are also conferred on the judges appointed to those courts. The courts, when holding hearings, are vested with all the powers conferred by law on judges.

A measure which, under this Code, may be taken by the chief justice or chief judge may also, if warranted, be taken by the associate or assistant chief justice or chief judge, according to the division of responsibilities that prevails at the court, or by another judge designated by any of them.

74. Decisions of the court clerk other than administrative decisions and decisions of the special clerk, except judgments rendered by default following the defendant's failure to answer the summons, attend the case management conference or defend on the merits, may, on an application, be reviewed by a judge in chambers or by the court. The same applies to decisions of the appellate clerk, which may be reviewed by an appellate judge.

The application for review must state the grounds on which it is based, be notified to the other parties and filed with the court office within 10 days after the date of the decision concerned. If the decision is quashed, matters are restored to their former state.

205. The application for recusation is decided by the judge seized of the case. The decision may be appealed by leave of a judge of the Court of Appeal.

If the application is granted, the judge must withdraw from the case and abstain from sitting. If the application is dismissed, the judge continues to be seized of the case.

The court clerk advises the chief justice or chief judge of any case in which the trial is postponed because the judge has decided to withdraw from the case.

344. The party entitled to legal costs prepares a bill of costs based on the tariffs in force and notifies it to the debtor party, which then has 10 days to notify its opposition.

If such opposition is notified, the bill of costs is sent for taxation to the court clerk, who, to determine the costs, may require that it be proved by affidavit or witness testimony that the costs were incurred. In appeal, legal costs are taxed by the appellate clerk.

Once the bill of costs has been drawn up, a party may ask the clerk to homologate it. The clerk's decision may be reviewed within 10 days by the court or, as applicable, by an appellate judge. The bailiff may also, within 10 days after becoming aware of the decision, ask for its review as regards the bailiff costs.

The decision concerning the taxation or homologation of the legal costs is executed in accordance with the rules of provisional execution.

351. The right to appeal belongs to any party to the judgment in first instance having an interest in appealing, unless the party has waived that right. In a non-contentious case, an appeal is also available to third persons to whom the judgment was notified.

352. The Court of Appeal is seized and an appeal initiated by filing a notice of appeal with the office of the Court of Appeal, together with proof of service on the respondent.

353. The notice of appeal must designate the parties and specify the court that rendered the judgment in first instance, the judgment date and the duration of the trial. It must be filed together with a copy of the judgment in first instance.

The notice of appeal must state the grounds of law or fact the appellant intends to argue to have the judgment varied or quashed, the conclusions sought by the appellant and, if applicable, the value of the subject matter of the dispute.

The appellant must, within 45 days after the date of the judgment under appeal, file the notice of appeal together with a certificate certifying that no transcript of depositions is necessary for the appeal or stating that it has given instructions to an official stenographer for the transcription of the depositions it intends to use.

354. The notice of appeal is notified to the office of the court of first instance. The court clerk informs the judge who rendered the judgment of the appeal and, on the appellate clerk's request, sends the case record without delay to the Court of Appeal, along with an inventory of the exhibits in the record and a list of the relevant entries in the court registers.

The court clerk must do so within two days after notification if the appeal concerns a person's release or personal integrity.

355. A properly initiated appeal stays execution of the judgment, except if provisional execution has been ordered or is provided for by law.

If the sole object of the appeal is to obtain an increase or a decrease in the amount awarded by the judgment, a judge of the Court of Appeal may, on an application, order the judgment debtor to comply with the judgment up to the uncontested amount.

356. If the appellant is not able, before the expiry of the time limit for appeal, to provide in the notice of appeal a detailed statement of all the grounds it plans to argue, an appellate judge, on an application and if serious reasons so warrant, may authorize the filing of a supplementary statement within a specified time.

357. If leave to appeal is required, the related application is attached to the notice of appeal together with the judgment and the exhibits and evidence necessary to obtain leave. The application is presented without delay and contested orally before an appellate judge, who decides whether or not to grant leave. The appellate clerk sends the judgment without delay to the office of the court of first instance and to the parties.

If leave to appeal is granted, the notice of appeal is deemed to have been filed on the date of the judgment granting leave. If leave to appeal is denied, the judgment must give brief reasons and the matter is removed from the jurisdiction of the Court of Appeal.

If leave to appeal was not required and the appeal could have been initiated solely by filing a notice of appeal, the notice of appeal is deemed to have been filed on the date the judge takes note of its filing.

The appellant has 15 days as of the judgment granting leave to appeal or as of the date the judge takes note of the filing of the notice of appeal to file the certificate concerning the transcription of depositions with the court office and to notify it to the other party.

358. The notice of appeal, including, if applicable, the application for leave to appeal, is served on the respondent and notified to the lawyer who represented the respondent in first instance before the expiry of the time limit for appeal. It is also notified, before the expiry of that time limit, to persons with an interest in the appeal as intervenors or impleaded parties.

Within 10 days after notification, the respondent, the intervenors and the impleaded parties must file a representation statement giving the name and contact information of the lawyer representing them or, if they are not represented, a statement indicating as much. If an application for leave to appeal is attached to the notice of appeal, the intervenors and the impleaded parties are only required to file such a statement within 10 days after the judgment granting leave or after the date the judge takes note of the filing of the notice of appeal.

The lawyer who represented the respondent in first instance, if no longer acting for the respondent, must so inform the respondent, the appellant and the office of the Court of Appeal without delay.

359. If a notice of appeal has been filed by a party, another party in the case may initiate an incidental appeal by filing a notice of incidental appeal with the office of the Court of Appeal. An incidental appeal is continued despite the withdrawal or dismissal of the principal appeal.

360. A party intending to appeal a judgment is required to file a notice of appeal within 30 days after the date of the notice of judgment or after the date of the judgment if it was rendered at the hearing. If leave to appeal is required, the notice of appeal must be filed together with an application for leave to appeal.

A notice of incidental appeal must be filed and served within 10 days after service of the notice of appeal or after the date of the judgment granting leave to appeal.

361. The time limit for appealing a judgment that lifts an interlocutory injunction or denies a person's release is 10 days; the time limit for appealing a judgment confirming or quashing a seizure before judgment is also 10 days.

The time limit for opposing a person's release or appealing a judgment granting an application for authorization relating to personal integrity or ordering confinement for or after a psychiatric assessment is five days.

362. If a party dies before the expiry of the time limit for appeal without having exercised their right to appeal, the time runs against the successors as of the time the judgment in first instance is notified to them.

363. The time limits for appeal are strict time limits, and the right to appeal is forfeited on their expiry.

Nevertheless, the Court of Appeal may authorize an appeal if not more than six months have elapsed since the judgment and if it considers that the appeal has a reasonable chance of success and that, in addition, it was impossible in fact for the appellant to act earlier. The Court may, even after the time limit has expired, authorize an incidental appeal if it considers it appropriate.

An appellate judge may, on an application, suspend the time limits for appeal if the judgment has reserved the plaintiff's right to claim additional damages for bodily injury. The judge suspends such time limits if there are compelling reasons for an appeal against the judgment and an appeal concerning the application for additional damages to be heard together; in such a case, the duration and terms of the suspension are determined by the judge.

364. The Court of Appeal or an appellate judge, on their own initiative or on an application by the respondent, may, for good cause, subject an appeal to the provision of a suretyship to guarantee payment of the appeal costs and of the judgment amount if the judgment is affirmed.

The Court or the judge determines the amount of the suretyship and the time limit within which the appellant is required to furnish the surety.

365. The Court of Appeal, even on its own initiative, may dismiss an appeal if the right to appeal is non-existent or has been forfeited or the appeal is abusive or improperly initiated. It may also, on an application by the respondent, dismiss an appeal if the surety is not furnished within the time limit determined, the judgment under appeal has been acquiesced in or a party in whose favour the judgment was rendered has renounced the rights arising from it, or if the appeal has no reasonable chance of success.

The application for the dismissal of an appeal must be filed with the office of the Court within 20 days after service of the notice of appeal, and cannot be presented before 30 days have elapsed since its filing. The time limits for preparing the appeal record are suspended until judgment is rendered on the application for the dismissal of the appeal.

The inadmissibility of an appeal may be urged despite a failure to oppose the appeal within the allotted time.

366. The Court of Appeal may, on the face of the record, deny an application for the dismissal of an appeal that is based on the grounds that the appeal has no reasonable chance of success or is abusive.

367. An appellate judge may, at any time, on the judge's own initiative or on request, convene the parties to confer with them on the advisability of adopting appeal management measures in order to define the issues really in dispute and determine possible ways of simplifying the proceedings and shortening the debate.

After giving the parties the opportunity to make representations, the judge may suggest that they take part in a settlement conference and may determine or limit the pleadings and the documents to be filed, setting the time limit for doing so. As well, the judge may decide, despite the rules otherwise applicable, that it is best to proceed by way of briefs or memorandums or may, if necessary, modify time limits prescribed by this Code. The judge may also set the date, time and duration of the hearing and, if required by the circumstances, refer the matter to the Court so that appropriate measures, including dismissal of the appeal, may be taken.

The appeal management conference is held without formality and requires no prior documents. Any appropriate means of communication may be used.

Appeal management decisions are binding on the parties.

368. In matters where the appeal record is to comprise memorandums, the appellate clerk may set the date and time of the hearing and establish a calendar, with the parties, for the filing of documents.

369. At any time during the appeal proceeding, a party may, without formality, request directives from the chief justice for the subsequent conduct of the appeal.

370. The contentions of the parties to an appeal are stated in their respective briefs or memorandums, which are governed, as regards their content and physical preparation, by the regulations of the Court of Appeal.

A hard copy transcript of relevant extracts from the evidence must be attached to each brief or memorandum. A full transcript of the depositions and evidence is filed only if available on a technological medium.

371. A respondent making an incidental appeal includes all particulars relevant to the incidental appeal in its brief or memorandum on the main appeal.

372. In its brief, each of the parties sets out the arguments raised and the conclusions sought in relation to the issues in dispute, a list of the authorities relied on and relevant excerpts from the depositions and exhibits. In the absence of a joint statement by the parties, it includes the party's statement of the facts and issues in dispute.

The parties' joint statement, if included, sets out the facts and the issues in dispute and identifies the evidence that is relevant to the appeal. It must be filed with the office of the Court of Appeal within 45 days after the notice of appeal is filed.

373. Briefs must be filed with the office of the Court of Appeal and notified to the other parties to the proceeding within the time limit specified in the appeal management decision made by an appellate judge or, in the absence of such a decision, within three months after the notice of appeal is filed in the appellant's case and within the following two months in the respondent's case. Any other party must file a brief within four months after notification of the appellant's brief.

A respondent in an incidental appeal may file and notify a brief in reply to the incidental appeal within two months after notification of the incidental appellant's brief.

An appellate judge may extend a time limit if an application for an extension is made before the time limit expires.

374. In an appeal against a judgment in a personal integrity, status or capacity, habeas corpus, family, international child abduction or seizure matter, or against a judgment rendered in a non-contentious proceeding or in the course of a proceeding, a memorandum is filed. A memorandum is also filed in other cases if so ordered by an appeal management decision of an appellate judge.

A memorandum concisely states the facts, the issues in dispute as well as the party's contentions, conclusions and main arguments.

Memorandums are filed with the office of the Court of Appeal and notified to the other parties to the proceeding within the time limits specified in the appeal management decision of the appellate clerk or an appellate judge.

375. At any time before the hearing, after a brief or joint statement or memorandum has been filed, an appellate judge may ask a party to file additional notes in the appeal record.

376. The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension.

A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal.

377. Any application in the course of a proceeding must be in writing and be notified to the other parties, together with a notice of the date of presentation, at least five days before that date if the application is to be presented before the Court or at least two days before that date if it is to be presented before an appellate judge or the appellate clerk.

378. Incidental applications available in first instance may be presented on appeal, insofar as they are applicable.

An appellate judge sitting alone is competent to decide incidental applications, except those that relate to the merits of the case.

However, applications to cease representing a party, for a substitution of lawyer or for the consolidation or separation of appeals, or appeal management applications for the setting or extension of time limits or for authorization to file a supplementary statement are decided by an appellate judge sitting alone or the appellate clerk. In all cases, the appellate clerk may refer an application to a judge, or the appellate judge, to a panel of the Court of Appeal, if the clerk or judge considers that the interests of justice so require. Such applications are filed by means of a letter and notified to the other parties.

379. In any case before the Court of Appeal, an appellate judge may issue a safeguard order or authorize the correction, within the time and subject to the conditions the judge determines, of any irregularity in the appeal proceeding, provided the notice of appeal has been duly filed and notified.

380. The Court of Appeal may authorize a party to present indispensable new evidence after giving the parties an opportunity to make representations.

The Court decides how the evidence is to be presented, and may even refer the case back to the court of first instance so that further proof may be made.

381. On the parties' request, an appellate judge may, at any time, preside over a settlement conference to assist the parties in resolving the issues under appeal.

Notice of the settlement conference is given to the appellate clerk by the parties, and the holding of the conference suspends the time limits prescribed by this Title.

382. A settlement conference is held in camera in the presence of the parties and of their lawyers. It is conducted at no cost to the parties and without formality and requires no prior documents. Anything said, written or done during the conference is confidential. All other rules governing the conference are defined by the judge and the parties.

A transaction terminating the case is submitted to the Court of Appeal by the appellate clerk to be homologated and made enforceable.

383. The appellate clerk sets an appeal down for hearing as soon as it is ready to be heard, that is, once the appeal record has been completed by the filing of all the briefs or memorandums, or when the Court of Appeal so orders.

If the appeal concerns a person's release or personal integrity, it is set down to be heard at the earliest opportunity after the appellant's brief is filed.

If the respondent has not filed nor notified a brief or a memorandum within the allotted time, the appeal is nevertheless set down by the appellate clerk for hearing.

An appellate judge or the appellate clerk may strike an appeal from the roll and postpone the hearing to a later date.

384. The Court of Appeal or an appellate judge, on the parties' request, may decide that the appeal will be decided on the face of the record.

In such a case, the appellate clerk informs the parties of the date on which the appeal is to be taken under advisement and of the identity of the judges on the panel. At any time during the advisement period, the judges may ask the appellate clerk to set the appeal down for hearing if they consider that a hearing is necessary.

385. The appellate clerk informs the parties of the hearing date and specifies the time allotted to each party for oral argument.

386. The Court of Appeal hears the parties in a three-judge panel, but that number may be increased if the chief justice sees fit.

The appellate judge who was the trial judge in first instance or who presided over a settlement conference concerning the matter cannot hear the appeal.

387. A decision is rendered by the Court of Appeal when a majority of the judges having heard the appeal concur. The decision may be given in open court by the judge who presided over the appeal hearing, even in the absence of the other judges; alternatively, it may be deposited at the office of the Court under the signature of all or the majority of the judges who heard the appeal.

The appellate clerk informs the parties without delay that a decision has been rendered by the Court of Appeal and sends it to the court of first instance along with the record.

All decisions of the Court of Appeal and its judges are subject to the rules of this Book governing judgments, with the necessary modifications.

388. The fact that a judge who heard the appeal cannot make their opinion known does not prevent the other judges, if sufficient in number, from rendering a decision. Otherwise, the chief justice may order a new hearing if the interests of justice so require.

A judge who is unable to act or has left office, including because of an appointment to another court, may nonetheless participate in the decision.

389. In addition to the operative part, a decision of the Court of Appeal must contain the names of the judges who heard the appeal and mention any judge who does not concur in the opinion of the majority.

The decision must give reasons, unless it refers to one or more opinions issued by the judges.

390. A decision of the Court of Appeal is enforceable immediately and bears interest from the date it is rendered, unless it specifies otherwise. Its execution, as regards both the principal and any legal costs, is carried out by the court of first instance.

However, the Court of Appeal or one of its judges, on an application, may order execution stayed, on appropriate conditions, if the party shows that it intends to bring an application for leave to appeal to the Supreme Court of Canada.

402. The court's decision is enforceable on the expiry of the time for appeal or as soon as the adverse party and the Attorney General, if party to the proceeding, indicate that they do not wish to appeal.

If there is an appeal, the court or a judge of the Court of Appeal may order the person's provisional release and set the conditions of release.

602. The judgment on a class action may be appealed as of right.

If the representative plaintiff does not initiate an appeal or if the appeal is dismissed on the grounds that it was not properly initiated, a class member may, within two months after the publication or notification of the judgment notice, apply to the Court of Appeal for permission to be substituted as representative plaintiff in order to appeal the judgment.

The time limit in this article is a strict time limit.

603. The appellant asks the court of first instance to determine the content of the notice to be given to class members.

604. If the Court of Appeal grants the representative plaintiff's appeal, even in part, it may order that the record be sent to the court of first instance for collective recovery of claims or for determination of individual claims.

660. A judgment is provisionally executed as of right, if it

 (1) concerns support payments or an alimentary allowance, determines arrangements regarding the custody of children or adjudicates on parental authority;

 (2) orders a child's return under the Act respecting the civil aspects of international and interprovincial child abduction (chapter A-23.01);

 (3) appoints, removes or replaces a tutor, curator or other administrator of the property of others, or homologates or revokes a protection mandate;

 (4) orders urgent repairs;

 (5) orders an eviction in the absence of a lease or after the lease has expired or been resiliated or annulled;

 (6) orders a rendering of account or an inventory;

 (7) orders any measure for the liquidation of a succession;

 (8) adjudicates on the possession of property;

 (9) adjudicates on the sequestration of property;

 (10) adjudicates on an abuse of procedure;

 (11) orders a provision for costs; or

 (12) rules on legal costs, but only with respect to the portion not exceeding $15,000.

The judge may order the stay of provisional execution by a decision giving reasons. A judge of the Court of Appeal may also do so, or may lift a stay ordered by the judge of first instance.

661. If bringing an appeal is likely to cause serious or irreparable prejudice to one of the parties, the judge may, on an application, order provisional execution, even for part only of the judgment. The judge may also make provisional execution conditional on a surety being furnished.

If provisional execution is not ordered by the judgment itself, it cannot be ordered subsequently except on appeal, with or without a surety. A judge of the Court of Appeal may also stay or lift provisional execution if it has been ordered, or order that a suretyship be provided by a party that was exempted from doing so by the court of first instance.

Code of Penal Procedure

291. The appellant or respondent in Superior Court and, even if they were not parties to the proceedings, the Attorney General and the Director of Criminal and Penal Prosecutions may, if they show sufficient interest in a question of law alone, bring an appeal before the Court of Appeal, with leave of a judge of that court, from a judgment

  (1) rendered in appeal by a judge of the Superior Court;

  (2) granting or dismissing an application for habeas corpus or extraordinary remedies.

292. An interlocutory judgment rendered in first instance or in Superior Court which rules on an objection to the evidence based on article 283 of the Code of Civil Procedure (chapter C-25.01) or section 9 of the Charter of human rights and freedoms (chapter C-12) or which rules on the confidentiality of information disclosed through a thing seized may also be appealed immediately.

Such appeal takes place with leave of a judge of the Court of Appeal, where the objection to the evidence has been admitted or where the confidentiality of the information has been declared. The judge who grants such leave shall then order the continuation or stay of proceedings in first instance or in Superior Court, as the case may be.

The appeal takes place by operation of law where the objection to the evidence has been denied or where the nonconfidentiality of the information has been declared. The appeal does not stay proceedings but the judge of first instance or of the Superior Court, as the case may be, cannot hear the evidence contemplated by the objection or permit access to the information or render judgment on the proceedings until the appeal from the judgment is decided.

The appeal is heard by preference, unless the chief justice decides otherwise.

 293. A person does not waive his right to appeal by the sole fact that he pays the fine imposed or complies in any way with the judgment from which he is appealing.

 294. An appeal shall be brought before the Court of Appeal sitting at Montréal or at Québec according to where an appeal from a judgment in a civil matter would lie, or, also, where the judgment was rendered in the judicial district contemplated in the second paragraph of article 187 or the second paragraph of article 218.3, according to where the appeal from the judgment would lie if it had been rendered in the district where proceedings were instituted.

 295. The sitting of the court shall be composed of three judges, but the chief justice may increase that number where he considers it advisable.

A judge of the Court of Appeal may refer to the court any application addressed to him under this chapter.

296. Application for leave to appeal must be presented in writing within 30 days from the appealed judgment. It must indicate, in particular, the grounds for the appeal and the conclusions sought and be drafted concisely and precisely in accordance with the rules of practice. A copy of the appealed judgment must be attached to the application.

Upon the written application of the appellant, the application for leave to appeal may be presented within any other time fixed by a judge of the Court of Appeal, before or after the expiry of the period of 30 days.

297. Service of the application for leave to appeal from a judgment stays execution of the judgment, except a judgment under which the defendant is imprisoned.

298. On the application of a defendant who has served an application for leave to appeal from the judgment under which he is imprisoned, a judge of the Court of Appeal shall release him from custody on the conditions he determines, particularly the furnishing of security, unless he is satisfied that the defendant will abscond or will not keep the peace while awaiting judgment on the appeal; the judge ordering continuation of the detention of the defendant shall make any order that may expedite the hearing in appeal.

Prior notice of at least one clear day of the application for release from custody must be served on the prosecutor.

299. Where the judge grants leave to appeal, he may, to guarantee execution of the judgment on the appeal, order that the appeal be heard on the condition that the appellant, except the Attorney General or the Director of Criminal and Penal Prosecutions, pay security in the amount and on the terms and conditions determined by the judge.

Where the judge refuses leave to appeal, he may award costs fixed by regulation against the appellant.

300. The appeal is brought when the clerk of the Court of Appeal files the judgment granting leave to appeal in the office of the court.

301. The clerk of the Court of Appeal shall transmit a copy of the judgment granting leave to appeal to the parties unless they were present when the leave was granted.

He shall also give notice to the Director of Criminal and Penal Prosecutions of any judgment granting leave to appeal and transmit to him a copy of the application for leave to appeal provided for in article 296.

302. On the granting of the application for leave to appeal, the clerk of the Court of Appeal shall also transmit a duplicate of the application and the judgment granting the leave to the office of the court where the appealed judgment was rendered, and to the judge who rendered it.

At the request of a judge of the Court of Appeal, the clerk of the court where the appealed judgment was rendered shall transmit the record forthwith to the office of the Court of Appeal, in accordance with the rules of practice.

303. The respondent shall, within ten days following the day on which he has knowledge of the judgment granting leave to appeal, file a written appearance in the office of the Court of Appeal.

Notwithstanding the first paragraph, a judge may, upon application, authorize the respondent to file a written appearance after the expiry of the prescribed time.

Prior notice of at least one clear day of the application must be served on the appellant.

304. Within 60 days of the judgment granting leave to appeal, the appellant shall file a factum at the office of the Court of Appeal together with proof of its service on the respondent.

305. Within 60 days of the filing of the factum of the appellant, the respondent shall file a factum at the office of the court together with proof of its service on the appellant.

306. The parties shall set out in their factums, in accordance with the court regulations, the grounds for the contestation in appeal, their arguments and the conclusions sought.

307. Upon an application, a judge may dismiss the appeal of an appellant who does not file a factum within the prescribed time or bar a respondent from pleading where he does not file a factum within the prescribed time.

Prior notice of the application must be served on the adverse party.

Where a judge bars the respondent from pleading, the appellant may request the clerk to enter the appeal on the roll.

308. Upon the joint application of the parties, a judge of the Court of Appeal may, if he sees fit, exempt the parties from filing a factum and authorize them to submit the appeal orally.

309. The clerk of the Court of Appeal shall enter an appeal on the roll when it is ready for hearing.

310. If, within one year from the date on which it was brought, the appeal is not ready to be entered on the roll, the clerk shall notify the parties, at least 60 days in advance, that the appeal has been entered on a special roll, and indicate the date of the hearing of the appeal.

If, on the date specified by the clerk, the appeal is not ready for hearing, a judge of the Court of Appeal may, after giving the parties an opportunity to be heard, declare the appeal abandoned, unless a valid reason is presented by one of the parties. The judge may in that case make any order he sees fit.

311. The appellant may abandon his appeal by filing a notice of abandonment. The judge may award the costs fixed by regulation against the appellant.

Notice of the abandonment must be served on the respondent by the appellant.

A copy of the notice of abandonment must be transmitted to the office of the court where the appealed judgment was rendered. The same applies to the record transmitted, at the request of a judge of the Court of Appeal to the office of the Court of Appeal.

A copy of the notice of abandonment must also be transmitted to the Director of Criminal and Penal Prosecutions.

312. The court which hears the appeal may exercise all the powers conferred by this Code on the judge whose judgment is appealed.

The court may, in particular, admit any new evidence, order the production of anything connected with the case, order the summons of any compellable witness, who may then be examined or cross-examined, as the case may be, by the parties, and make any order in the interests of justice.

313. Articles 286 to 290 apply, adapted as required, to the judgment on the appeal.

Notwithstanding the first paragraph, the court may return the record to the court of first instance or the Superior Court for sentencing.

314. An application for release from custody for the duration of the appeal to the Supreme Court of Canada must be addressed to a judge of the Court of Appeal and articles 297 and 298, adapted as required, apply to the application.

---

Statutes

Youth protection Act

115. An appeal lies to the Court of Appeal, with leave of a judge of that Court, from any judgment of the Superior Court rendered under the authority of this Act, if the party making the application shows a sufficient interest to warrant decision on a question of law only.

Securities Act

212. The Authority may recover its costs for an investigation from any person found guilty of an offence under this Act or under the securities legislation of another legislative authority.

The Authority shall prepare a statement of costs and present it to a judge of the Court of Québec after giving the interested parties five days' advance notice of the date of presentation.

The judge shall tax the costs, and his decision may be appealed with leave of a judge of the Court of Appeal.

Mining Act

303. A decision of the Court of Québec may be appealed from to the Court of Appeal with leave of a judge of the Court of Appeal.

Expropriation Act

44.2. An appeal lies from a judgment rendered on a motion presented under section 44 only on leave of a judge of the Court of Appeal. It is subject to the rules applicable to a final judgment in Superior Court; however, the appellant must file his factum with the office of the court and serve it on the respondent within 15 days of filing the inscription for appeal, and the respondent is not required to file a factum.

Unless otherwise decided by the chief justice, the appeal is heard by preference, at the first sitting which follows the filing of the factum.

Act respecting the commission municipale

22. (1)  Except when exercising its audit functions with regard to municipalities and municipal bodies under Division X, the Commission may of its own initiative and must, if thereunto requested by the Minister, make investigation into the financial administration of a municipality.

It shall also make investigation, whenever thereunto requested by the Government, into any aspect of the administration which it indicates.

The Commission may make recommendations in the report of its investigation.

It may recommend in particular that disciplinary action in the form of a warning, reprimand, suspension with or without pay for a fixed period, reduction of salary or dismissal be taken against a person, according to the nature and gravity of his conduct.

In no case may the Commission in a report reproach a person’s conduct or recommend that disciplinary action be taken against him unless it has informed him of the facts reproached against him and given him an opportunity to be heard. The Commission is not bound by this requirement if a person invited in writing to present or to otherwise transmit observations within a reasonable time has refused or neglected to do so.

A request by the Minister or the Government under the first or second paragraph may also concern a legal person referred to in section 107.7 of the Cities and Towns Act (chapter C-19) or a municipal body within the meaning of section 5 of the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1) or section 307 of the Act respecting elections and referendums in municipalities (chapter E-2.2).

(2)  The Commission may make an investigation upon application by any municipality concerned when it is expedient in the public interest to carry out works useful to more than one municipality.

Following such investigation, the Commission may by order specify the works to be carried out and apportion the cost of same, exercising all the powers that any municipality concerned might exercise for that purpose, including that of submitting any necessary loan for approval by the qualified voters.

The Commission may, however, order the carrying out of the works and authorize the loan without such approval.

If a municipality ordered to carry out works under this subsection neglects to do so, the Commission itself may cause the same to be carried out and recover the cost from the municipality. For such purpose it may compel the municipality to advance to the Commission such amounts as it indicates.

An appeal shall lie to the Court of Appeal from any order rendered under this subsection on a question of law only. Such appeal must first be allowed by a judge of the Court of Appeal in the same manner and within the same time as for a judgment by the Superior Court in the course of a proceeding.

This subsection shall not apply to waterworks and sewer works.

Winding-Up-Act

32. There shall be an appeal to the Court of Appeal from the order to wind up the company. Such appeal shall be heard by preference, in summary manner, in conformity with article 31 of the Code of Civil Procedure (chapter C-25.01).

Where applicable, the liquidator shall also transmit forthwith to the enterprise registrar a notice indicating that the order has been appealed from; the enterprise registrar shall deposit such notice in the register.

Any other order or decision of the court or one of its judges relating to such winding-up shall be definitive.

Tax Administration Act

39.2 Where a person has not provided access, assistance, information, documents or things even if the person is required to do so under section 38 or 39, the Minister may make an application to a judge of the Court of Québec acting in chambers and that judge may, notwithstanding section 61.1, order the person to provide the access, assistance, information, documents or things to the Minister or make such order as the judge deems proper in order to remedy the failure which is the subject of the application if the judge is satisfied that:

• the person was required under section 38 or 39 to provide the access, assistance, information, documents or things and did not do so; and
• professional secrecy within the meaning of sections 46 to 53.1 may not be invoked.

A notice shall be served on the person concerned at least five days before the application is heard.

The order is sent to the person by registered mail or personal service, unless it is made from the bench in the person's presence.

An order may be appealed from to the Court of Appeal with leave of a judge of that court. However, an appeal does not suspend the execution of the order unless the judge seized of the appeal decides otherwise. The judgment is without appeal.

Unclaimed Property Act

39. If a person has not provided access, information or documents as required under section 33 or 35, the authorized person referred to in section 33 or 35 may apply to a judge of the Court of Québec acting in chambers and that judge may, despite section 45, order the person to provide access, information or documents to the Minister, or may make such order as the judge deems proper in order to remedy the failure which is the subject of the application, if the judge is satisfied that

(1)  the person was required under section 33 or 35 to provide access, information or documents and did not do so; and

(2)  the professional secrecy to which advocates and notaries are bound cannot be invoked.

A notice must be served on the person concerned at least five days before the application is heard.

The order is notified to the person concerned by registered mail or by personal service, unless it is made from the bench in the person’s presence.

The order may be appealed to the Court of Appeal, with leave of a judge of that court. However, an appeal does not suspend the enforcement of the order, unless the judge seized of the appeal decides otherwise. The judgment cannot be appealed.

Act respecting the Regulation of the Financial Sector (formerly entitled Act respecting the Autorité des marchés financiers)

18. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised, nor any injunction granted, against any person authorized to carry out an inspection or conduct an investigation.

Any judge of the Court of Appeal may, on an application, summarily annul any decision, order or injunction made or granted contrary to the first paragraph.

34.1. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised, nor any injunction granted, against the Authority.

Any judge of the Court of Appeal may, on an application, summarily annul any decision, order or injunction made or granted contrary to the first paragraph.

63.1. Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised, nor any injunction granted, against a self-regulatory organization, the members of its board of directors, a committee formed by the organization, or the organization’s personnel in the exercise of the functions and powers delegated to them in accordance with this chapter or in the exercise of functions relating to the supervision or regulation of the conduct of the organization’s members or participants.

Any judge of the Court of Appeal may, on an application, summarily annul any decision, order or injunction made or granted contrary to the first paragraph.

115.15.63 Except on a question of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised nor any injunction granted against the Tribunal or Tribunal members acting in their official capacity.

A judge of the Court of Appeal may, on an application, summarily annul any decision, order or injunction made or granted contrary to this section.

115.22. The decision of the Court of Québec may be appealed to the Court of Appeal with leave of a judge of that court.

Money-Services Businesses Act

75. The Authority may recover its investigation costs from any person found guilty of an offence under this Act, according to the tariff set by regulation.

The Authority prepares a statement of costs and presents it to a judge of the Court of Québec after giving the interested parties five days' prior notice of the date of presentation.

The judge taxes the costs. The judge's decision may be appealed with leave of a judge of the Court of Appeal.

Derivatives Act

70. Dealers must, before the first trade on behalf of a client, give the client the risk information document prescribed by regulation.

If trades on behalf of a client are in a derivative created and marketed by a qualified person, dealers must also give the client the information prescribed by regulation.

Dealers who trade on behalf of a client who is not an accredited counterparty under a mandate granting them full discretion in executing the mandate are exempted from the application of this section.

An Act respecting Municipal Courts

79. Where a judge dies, resigns, is unable to exercise his functions or otherwise ceases to do so, the judge who is designated or appointed to replace him has jurisdiction to hear the cases of which the first judge had been seized.

This judge shall sign the minute of each judgment which the first judge rendered in the hearing and which he could not sign for the same reason, provided he is satisfied that the text of the judgment is consistent with the judgment rendered. However, where the court is composed of several judges, the president judge or the judge responsible for the court, as the case may be, may, in the same circumstances and on the same conditions, also sign the minute of such a judgment.

However, if a judge ceases to exercise the functions of office because of an appointment to another court, the judge may, with the agreement of the chief judges or chief justices of the courts concerned, continue and terminate any case of which the judge was seized at the time of the appointment. Failing that, the procedure set out in the first two paragraphs is followed.

For the purposes of this section, a court means a municipal court, the Court of Québec, the Superior Court or the Court of Appeal.

80. In every action where the object in dispute is a tax, licence, tariff, water rate, fee, compensation or permit exceeding the sum of $7,000, or where the dispute concerns the interpretation of a contract to which the municipality is a party and which represents a value exceeding the sum of $7,000, an appeal lies from the final decision of the judge to the Court of Appeal.

81. Subject to section 80, a judgment dealing with a debt which does not exceed the amount fixed in the first paragraph of article 536 of the Code of Civil Procedure (chapter C-25.01) is final and without appeal.

Criminal Code

462.33 (1) The Attorney General may make an application in accordance with subsection (2) for a restraint order under subsection (3) in respect of any property.

(2) An application made under subsection (1) for a restraint order under subsection (3) in respect of any property may be made ex parte and shall be made in writing to a judge and be accompanied by an affidavit sworn on the information and belief of the Attorney General or any other person deposing to the following matters, namely,

(a) the offence or matter under investigation;

(b) the person who is believed to be in possession of the property;

(c) the grounds for the belief that an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2) in respect of the property;

(d) a description of the property; and

(e) whether any previous applications have been made under this section with respect to the property.

(3) A judge who hears an application for a restraint order made under subsection (1) may — if the judge is satisfied that there are reasonable grounds to believe that there exists, within the province in which the judge has jurisdiction or any other province, any property in respect of which an order of forfeiture may be made under subsection 462.37(1) or (2.01) or 462.38(2), in respect of a designated offence alleged to have been committed within the province in which the judge has jurisdiction — make an order prohibiting any person from disposing of, or otherwise dealing with any interest in, the property specified in the order otherwise than in the manner that may be specified in the order.

(3.01) A restraint order issued under subsection (1) has effect throughout Canada.

(3.1) A restraint order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

(4) An order made by a judge under subsection (3) may be subject to such reasonable conditions as the judge thinks fit.

(5) Before making an order under subsection (3) in relation to any property, a judge may require notice to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property unless the judge is of the opinion that giving such notice before making the order would result in the disappearance, dissipation or reduction in value of the property or otherwise affect the property so that all or a part thereof could not be subject to an order of forfeiture under subsection 462.37(1) or (2.01) or 462.38(2).

(6) An order made under subsection (3) shall be made in writing.

(7) Before making an order under subsection (3), a judge shall require the Attorney General to give such undertakings as the judge considers appropriate with respect to the payment of damages or costs, or both, in relation to

(a) the making of an order in respect of property situated within or outside Canada; and

(b) the execution of an order in respect of property situated within Canada.

(8) A copy of an order made by a judge under subsection (3) shall be served on the person to whom the order is addressed in such manner as the judge directs or as may be prescribed by rules of court.

(9) A copy of an order made under subsection (3) shall be registered against any property in accordance with the laws of the province in which the property is situated.

(10) An order made under subsection (3) remains in effect until

(a) it is revoked or varied under subsection 462.34(4) or revoked under paragraph 462.43(a);

(b) it ceases to be in force under section 462.35; or

(c) an order of forfeiture or restoration of the property is made under subsection 462.37(1) or (2.01), 462.38(2) or 462.41(3) or any other provision of this or any other Act of Parliament.

(11) Any person on whom an order made under subsection (3) is served in accordance with this section and who, while the order is in force, acts in contravention of or fails to comply with the order is guilty of an indictable offence or an offence punishable on summary conviction.

---

462.34 (1) Any person who has an interest in property that was seized under a warrant issued pursuant to section 462.32 or in respect of which a restraint order was made under subsection 462.33(3) may, at any time, apply to a judge

(a) for an order under subsection (4); or

(b) for permission to examine the property.

(2) Where an application is made under paragraph (1)(a),

(a) the application shall not, without the consent of the Attorney General, be heard by a judge unless the applicant has given to the Attorney General at least two clear days notice in writing of the application; and

(b) the judge may require notice of the application to be given to and may hear any person who, in the opinion of the judge, appears to have a valid interest in the property.

(3) A judge may, on an application made to the judge under paragraph (1)(b), order that the applicant be permitted to examine property subject to such terms as appear to the judge to be necessary or desirable to ensure that the property is safeguarded and preserved for any purpose for which it may subsequently be required.

(4) On an application made to a judge under paragraph (1)(a) in respect of any property and after hearing the applicant and the Attorney General and any other person to whom notice was given pursuant to paragraph (2)(b), the judge may order that the property or a part thereof be returned to the applicant or, in the case of a restraint order made under subsection 462.33(3), revoke the order, vary the order to exclude the property or any interest in the property or part thereof from the application of the order or make the order subject to such reasonable conditions as the judge thinks fit,

(a) if the applicant enters into a recognizance before the judge, with or without sureties, in such amount and with such conditions, if any, as the judge directs and, where the judge considers it appropriate, deposits with the judge such sum of money or other valuable security as the judge directs;

(b) if the conditions referred to in subsection (6) are satisfied; or

(c) for the purpose of

(i) meeting the reasonable living expenses of the person who was in possession of the property at the time the warrant was executed or the order was made or any person who, in the opinion of the judge, has a valid interest in the property and of the dependants of that person,

(ii) meeting the reasonable business and legal expenses of a person referred to in subparagraph (i), or

(iii) permitting the use of the property in relation to an undertaking or release order,

if the judge is satisfied that the applicant has no other assets or means available for the purposes set out in this paragraph and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property.

(5) For the purpose of determining the reasonableness of legal expenses referred to in subparagraph (4)(c)(ii), a judge shall hold an in camera hearing, without the presence of the Attorney General, and shall take into account the legal aid tariff of the province.

(5.1) For the purpose of determining the reasonableness of expenses referred to in paragraph (4)(c), the Attorney General may

(a) at the hearing of the application, make representations as to what would constitute the reasonableness of the expenses, other than legal expenses; and

(b) before or after the hearing of the application held in camera pursuant to subsection (5), make representations as to what would constitute reasonable legal expenses referred to in subparagraph (4)(c)(ii).

(5.2) The judge who made an order under paragraph (4)(c) may, and on the application of the Attorney General shall, tax the legal fees forming part of the legal expenses referred to in subparagraph (4)(c)(ii) and, in so doing, shall take into account

(a) the value of property in respect of which an order of forfeiture may be made;

(b) the complexity of the proceedings giving rise to those legal expenses;

(c) the importance of the issues involved in those proceedings;

(d) the duration of any hearings held in respect of those proceedings;

(e) whether any stage of those proceedings was improper or vexatious;

(f) any representations made by the Attorney General; and

(g) any other relevant matter.

(6) An order under paragraph (4)(b) in respect of property may be made by a judge if the judge is satisfied

(a) where the application is made by

(i) a person charged with a designated offence, or

(ii) any person who acquired title to or a right of possession of that property from a person referred to in subparagraph (i) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property,

that a warrant should not have been issued pursuant to section 462.32 or a restraint order under subsection 462.33(3) should not have been made in respect of that property, or

(b) in any other case, that the applicant is the lawful owner of or lawfully entitled to possession of the property and appears innocent of any complicity in a designated offence or of any collusion in relation to such an offence, and that no other person appears to be the lawful owner of or lawfully entitled to possession of the property,

and that the property will no longer be required for the purpose of any investigation or as evidence in any proceeding.

(7) Sections 354, 355.2 and 355.4 do not apply to a person who comes into possession of any property that, by virtue of an order made under paragraph (4)(c), was returned to any person after having been seized or was excluded from the application of a restraint order made under subsection 462.33(3).

(8) [Repealed, 2019, c. 25, s. 182]

---

462.37 (1) Subject to this section and sections 462.39 to 462.41, if an offender is convicted, or discharged under section 730, of a designated offence and the court imposing sentence on or discharging the offender, on application of the Attorney General, is satisfied, on a balance of probabilities, that any property is proceeds of crime obtained through the commission of the designated offence, the court shall order that the property be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law.

(2) If the evidence does not establish to the satisfaction of the court that property in respect of which an order of forfeiture would otherwise be made under subsection (1) was obtained through the commission of the designated offence of which the offender is convicted or discharged, but the court is satisfied, beyond a reasonable doubt, that the property is proceeds of crime, the court may make an order of forfeiture under subsection (1) in relation to that property.

(2.01) A court imposing sentence on an offender convicted of an offence described in subsection (2.02) shall, on application of the Attorney General and subject to this section and sections 462.4 and 462.41, order that any property of the offender that is identified by the Attorney General in the application be forfeited to Her Majesty to be disposed of as the Attorney General directs or otherwise dealt with in accordance with the law if the court is satisfied, on a balance of probabilities, that

(a) within 10 years before the proceedings were commenced in respect of the offence for which the offender is being sentenced, the offender engaged in a pattern of criminal activity for the purpose of directly or indirectly receiving a material benefit, including a financial benefit; or

(b) the income of the offender from sources unrelated to designated offences cannot reasonably account for the value of all the property of the offender.

(2.02) The offences are the following:

(a) a criminal organization offence punishable by five or more years of imprisonment;

(b) an offence under section 5, 6 or 7 of the Controlled Drugs and Substances Act — or a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to an offence under any of those sections — prosecuted by indictment;

(c) an offence under subsection 9(1) or (2), 10(1) or (2), 11(1) or (2), 12(1), (4), (5), (6) or (7), 13(1) or 14(1) of the Cannabis Act — or a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to an offence under any of those subsections — prosecuted by indictment; and

(d) an offence under any of sections 279.01 to 279.03.

(2.03) A court shall not make an order of forfeiture under subsection (2.01) in respect of any property that the offender establishes, on a balance of probabilities, is not proceeds of crime.

(2.04) In determining whether the offender has engaged in a pattern of criminal activity described in paragraph (2.01)(a), the court shall consider

(a) the circumstances of the offence for which the offender is being sentenced;

(b) any act or omission — other than an act or omission that constitutes the offence for which the offender is being sentenced — that the court is satisfied, on a balance of probabilities, was committed by the offender and constitutes an offence punishable by indictment under any Act of Parliament;

(c) any act or omission that the court is satisfied, on a balance of probabilities, was committed by the offender and is an offence in the place where it was committed and, if committed in Canada, would constitute an offence punishable by indictment under any Act of Parliament; and

(d) any other factor that the court considers relevant.

(2.05) A court shall not determine that an offender has engaged in a pattern of criminal activity unless the court is satisfied, on a balance of probabilities, that the offender committed, within the period referred to in paragraph (2.01)(a),

(a) acts or omissions — other than an act or omission that constitutes the offence for which the offender is being sentenced — that constitute at least two serious offences or one criminal organization offence;

(b) acts or omissions that are offences in the place where they were committed and, if committed in Canada, would constitute at least two serious offences or one criminal organization offence; or

(c) an act or omission described in paragraph (a) that constitutes a serious offence and an act or omission described in paragraph (b) that, if committed in Canada, would constitute a serious offence.

(2.06) Nothing in subsection (2.01) shall be interpreted as preventing the Attorney General from making an application under subsection (1) in respect of any property.

(2.07) A court may, if it considers it in the interests of justice, decline to make an order of forfeiture against any property that would otherwise be subject to forfeiture under subsection (2.01). The court shall give reasons for its decision.

(2.1) An order may be issued under this section in respect of property situated outside Canada, with any modifications that the circumstances require.

(3) If a court is satisfied that an order of forfeiture under subsection (1) or (2.01) should be made in respect of any property of an offender but that the property or any part of or interest in the property cannot be made subject to an order, the court may, instead of ordering the property or any part of or interest in the property to be forfeited, order the offender to pay a fine in an amount equal to the value of the property or the part of or interest in the property. In particular, a court may order the offender to pay a fine if the property or any part of or interest in the property

(a) cannot, on the exercise of due diligence, be located;

(b) has been transferred to a third party;

(c) is located outside Canada;

(d) has been substantially diminished in value or rendered worthless; or

(e) has been commingled with other property that cannot be divided without difficulty.

(4) Where a court orders an offender to pay a fine pursuant to subsection (3), the court shall

(a) impose, in default of payment of that fine, a term of imprisonment

(i) not exceeding six months, where the amount of the fine does not exceed ten thousand dollars,

(ii) of not less than six months and not exceeding twelve months, where the amount of the fine exceeds ten thousand dollars but does not exceed twenty thousand dollars,

(iii) of not less than twelve months and not exceeding eighteen months, where the amount of the fine exceeds twenty thousand dollars but does not exceed fifty thousand dollars,

(iv) of not less than eighteen months and not exceeding two years, where the amount of the fine exceeds fifty thousand dollars but does not exceed one hundred thousand dollars,

(v) of not less than two years and not exceeding three years, where the amount of the fine exceeds one hundred thousand dollars but does not exceed two hundred and fifty thousand dollars,

(vi) of not less than three years and not exceeding five years, where the amount of the fine exceeds two hundred and fifty thousand dollars but does not exceed one million dollars, or

(vii) of not less than five years and not exceeding ten years, where the amount of the fine exceeds one million dollars; and

b) direct that the term of imprisonment imposed pursuant to paragraph (a) be served consecutively to any other term of imprisonment imposed on the offender or that the offender is then serving.

(5) Section 736 does not apply to an offender against whom a fine is imposed pursuant to subsection (3).

---

462.41 (1) Before making an order under subsection 462.37(1) or (2.01) or 462.38(2) in relation to any property, a court shall require notice in accordance with subsection (2) to be given to and may hear any person who, in the opinion of the court, appears to have a valid interest in the property.

(2) A notice shall

(a) be given in the manner that the court directs or that may be specified in the rules of the court;

(b) specify the period that the court considers reasonable or that may be set out in the rules of the court during which a person may make an application to the court asserting their interest in the property; and

(c) set out the designated offence charged and a description of the property.

(3) Where a court is satisfied that any person, other than

(a) a person who is charged with, or was convicted of, a designated offence, or

(b) a person who acquired title to or a right of possession of that property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred for the purpose of avoiding the forfeiture of the property,

is the lawful owner or is lawfully entitled to possession of any property or any part thereof that would otherwise be forfeited pursuant to subsection 462.37(1) or (2.01) or 462.38(2) and that the person appears innocent of any complicity in an offence referred to in paragraph (a) or of any collusion in relation to such an offence, the court may order that the property or part thereof be returned to that person.

---

462.42 (1) Any person who claims an interest in property that is forfeited to Her Majesty under subsection 462.37(1) or (2.01) or 462.38(2) may, within thirty days after the forfeiture, apply by notice in writing to a judge for an order under subsection (4) unless the person is

(a) a person who is charged with, or was convicted of, a designated offence that resulted in the forfeiture; or 

(b) a person who acquired title to or a right of possession of the property from a person referred to in paragraph (a) under circumstances that give rise to a reasonable inference that the title or right was transferred from that person for the purpose of avoiding the forfeiture of the property.

(2) The judge to whom an application is made under subsection (1) shall fix a day not less than thirty days after the date of filing of the application for the hearing thereof.

(3) An applicant shall serve a notice of the application made under subsection (1) and of the hearing thereof on the Attorney General at least fifteen days before the day fixed for the hearing. 

(4) Where, on the hearing of an application made under subsection (1), the judge is satisfied that the applicant is not a person referred to in paragraph (1)(a) or (b) and appears innocent of any complicity in any designated offence that resulted in the forfeiture or of any collusion in relation to any such offence, the judge may make an order declaring that the interest of the applicant is not affected by the forfeiture and declaring the nature and extent of the interest.

(5) An applicant or the Attorney General may appeal to the court of appeal from an order under subsection (4) and the provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this subsection.

(6) The Attorney General shall, on application made to the Attorney General by any person who has obtained an order under subsection (4) and where the periods with respect to the taking of appeals from that order have expired and any appeal from that order taken under subsection (5) has been determined,

(a) direct that the property or the part thereof to which the interest of the applicant relates be returned to the applicant; or  

(b) direct that an amount equal to the value of the interest of the applicant, as declared in the order, be paid to the applicant.

---

462.44 Any person who considers that they are aggrieved by an order made under subsection 462.38(2) or 462.41(3) or section 462.43 may appeal from the order as if the order were an appeal against conviction or against a judgment or verdict of acquittal, as the case may be, under Part XXI, and that Part applies, with such modifications as the circumstances require, to such an appeal.

---

673 In this Part,

court of appeal means the court of appeal, as defined by the definition court of appeal in section 2, for the province or territory in which the trial of a person by indictment is held; (cour d’appel)

indictment includes an information or charge in respect of which a person has been tried for an indictable offence under Part XIX; (acte d’accusation)

registrar means the registrar or clerk of the court of appeal; (registraire)

sentence includes

(a) a declaration made under subsection 199(3),

(b) an order made under subsection 109(1) or 110(1), section 161, subsection 164.2(1) or 194(1), section 259, 261 or 462.37, subsection 491.1(2), 730(1) or 737(2.1) or (3) or section 738, 739, 742.1, 742.3, 743.6, 745.4 or 745.5,

(c) a disposition made under section 731 or 732 or subsection 732.2(3) or (5), 742.4(3) or 742.6(9),

(d) an order made under subsection 16(1) of the Controlled Drugs and Substances Act, and

(e) an order made under subsection 94(1) of the Cannabis Act; (sentence, peine ou condamnation)

trial court means the court by which an accused was tried and includes a judge or a provincial court judge acting under Part XIX. (tribunal de première instance)

---

674. No proceedings other than those authorized by this Part and Part XXVI shall be taken by way of appeal in proceedings in respect of indictable offences.

---

675. (1) A person who is convicted by a trial court in proceedings by indictment may appeal to the court of appeal

(a) against his conviction

(i) on any ground of appeal that involves a question of law alone, 

(ii) on any ground of appeal that involves a question of fact or a question of mixed law and fact, with leave of the court of appeal or a judge thereof or on the certificate of the trial judge that the case is a proper case for appeal, or

(iii) on any ground of appeal not mentioned in subparagraph (i) or (ii) that appears to the court of appeal to be a sufficient ground of appeal, with leave of the court of appeal; or

(b) against the sentence passed by the trial court, with leave of the court of appeal or a judge thereof unless that sentence is one fixed by law.

(1.1) A person may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a summary conviction or a sentence passed with respect to a summary conviction as if the summary conviction had been a conviction in proceedings by indictment if

(a) there has not been an appeal with respect to the summary conviction;

(b) the summary conviction offence was tried with an indictable offence; and

(c) there is an appeal in respect of the indictable offence.

(2) A person who has been convicted of second degree murder and sentenced to imprisonment for life without eligibility for parole for a specified number of years in excess of ten may appeal to the court of appeal against the number of years in excess of ten of his imprisonment without eligibility for parole.

(2.1) A person against whom an order under section 743.6 has been made may appeal to the court of appeal against the order.

(2.2) A person who was under the age of eighteen at the time of the commission of the offence for which the person was convicted of first degree murder or second degree murder and sentenced to imprisonment for life without eligibility for parole until the person has served the period specified by the judge presiding at the trial may appeal to the court of appeal against the number of years in excess of the minimum number of years of imprisonment without eligibility for parole that are required to be served in respect of that person’s case. 

(2.3) A person against whom an order under subsection 745.51(1) has been made may appeal to the court of appeal against the order.

(3) Where a verdict of not criminally responsible on account of mental disorder or unfit to stand trial is rendered in respect of a person, that person may appeal to the court of appeal against that verdict on any ground of appeal mentioned in subparagraph (1)(a)(i), (ii) or (iii) and subject to the conditions described therein.

(4) Where a judge of the court of appeal refuses leave to appeal under this section otherwise than under paragraph (1)(b), the appellant may, by filing notice in writing with the court of appeal within seven days after the refusal, have the application for leave to appeal determined by the court of appeal.

---

676. (1) The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal

(a) against a judgment or verdict of acquittal or a verdict of not criminally responsible on account of mental disorder of a trial court in proceedings by indictment on any ground of appeal that involves a question of law alone; 

(b) against an order of a superior court of criminal jurisdiction that quashes an indictment or in any manner refuses or fails to exercise jurisdiction on an indictment; 

(c) against an order of a trial court that stays proceedings on an indictment or quashes an indictment; or 

(d) with leave of the court of appeal or a judge thereof, against the sentence passed by a trial court in proceedings by indictment, unless that sentence is one fixed by law.

(1.1) The Attorney General or counsel instructed by the Attorney General may appeal, pursuant to subsection (1), with leave of the court of appeal or a judge of that court, to that court in respect of a verdict of acquittal in a summary offence proceeding or a sentence passed with respect to a summary conviction as if the summary offence proceeding was a proceeding by indictment if

(a) there has not been an appeal with respect to the summary conviction;

(b) the summary conviction offence was tried with an indictable offence; and

(c) there is an appeal in respect of the indictable offence.

(2) For the purposes of this section, a judgment or verdict of acquittal includes an acquittal in respect of an offence specifically charged where the accused has, on the trial thereof, been convicted or discharged under section 730 of any other offence.

(3) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against a verdict that an accused is unfit to stand trial, on any ground of appeal that involves a question of law alone.

(4) The Attorney General or counsel instructed by him for the purpose may appeal to the court of appeal in respect of a conviction for second degree murder, against the number of years of imprisonment without eligibility for parole, being less than twenty-five, that has been imposed as a result of that conviction.

(5) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under section 743.6.

(6) The Attorney General or counsel instructed by the Attorney General for the purpose may appeal to the court of appeal against the decision of the court not to make an order under subsection 745.51(1).

---

676.1 A party who is ordered to pay costs may, with leave of the court of appeal or a judge of a court of appeal, appeal the order or the amount of costs ordered.

---

677. Where a judge of the court of appeal expresses an opinion dissenting from the judgment of the court, the judgment of the court shall specify any grounds in law on which the dissent, in whole or in part, is based.

---

678. (1) An appellant who proposes to appeal to the court of appeal or to obtain the leave of that court to appeal shall give notice of appeal or notice of his application for leave to appeal in such manner and within such period as may be directed by rules of court.

(2) The court of appeal or a judge thereof may at any time extend the time within which notice of appeal or notice of an application for leave to appeal may be given.

---

678.1 Where a respondent cannot be found after reasonable efforts have been made to serve the respondent with a notice of appeal or notice of an application for leave to appeal, service of the notice of appeal or the notice of the application for leave to appeal may be effected substitutionally in the manner and within the period directed by a judge of the court of appeal.

---

679 (1) A judge of the court of appeal may, in accordance with this section, release an appellant from custody pending the determination of his appeal if,

(a) in the case of an appeal to the court of appeal against conviction, the appellant has given notice of appeal or, where leave is required, notice of his application for leave to appeal pursuant to section 678;

(b) in the case of an appeal to the court of appeal against sentence only, the appellant has been granted leave to appeal; or

(c) in the case of an appeal or an application for leave to appeal to the Supreme Court of Canada, the appellant has filed and served his notice of appeal or, where leave is required, his application for leave to appeal.

(2) Where an appellant applies to a judge of the court of appeal to be released pending the determination of his appeal, he shall give written notice of the application to the prosecutor or to such other person as a judge of the court of appeal directs.

(3) In the case of an appeal referred to in paragraph (1)(a) or (c), the judge of the court of appeal may order that the appellant be released pending the determination of his appeal if the appellant establishes that

(a) the appeal or application for leave to appeal is not frivolous;

(b) he will surrender himself into custody in accordance with the terms of the order; and

(c) his detention is not necessary in the public interest.

(4) In the case of an appeal referred to in paragraph (1)(b), the judge of the court of appeal may order that the appellant be released pending the determination of his appeal or until otherwise ordered by a judge of the court of appeal if the appellant establishes that

(a) the appeal has sufficient merit that, in the circumstances, it would cause unnecessary hardship if he were detained in custody;

(b) he will surrender himself into custody in accordance with the terms of the order; and

(c) his detention is not necessary in the public interest.

(5) If the judge of the court of appeal does not refuse the appellant’s application, the judge shall make a release order referred to in section 515, the form of which may be adapted to suit the circumstances, which must include a condition that the accused surrender themselves into custody in accordance with the order.

(5.1) The person having the custody of the appellant shall, if the appellant complies with the release order, immediately release the appellant.

(6) Sections 495.1, 512.3 and 524 apply, with any modifications that the circumstances require, in respect of any proceedings under this section.

(7) If, with respect to any person, the Minister of Justice gives a direction or makes a reference under section 696.3, this section applies to the release or detention of that person pending the hearing and determination of the reference as though that person were an appellant in an appeal described in paragraph (1)(a).

(7.1) Where, with respect to any person, the court of appeal or the Supreme Court of Canada orders a new trial, section 515 or 522, as the case may be, applies to the release or detention of that person pending the new trial or new hearing as though that person were charged with the offence for the first time, except that the powers of a justice under section 515 or of a judge under section 522 are exercised by a judge of the court of appeal.

(8) This section applies to applications for leave to appeal and appeals to the Supreme Court of Canada in summary conviction proceedings.

(9) [Repealed, 2019, c. 25, s. 279]

(10) A judge of the court of appeal, where on the application of an appellant he does not make an order under subsection (5) or where he cancels an order previously made under this section, or a judge of the Supreme Court of Canada on application by an appellant in the case of an appeal to that Court, may give such directions as he thinks necessary for expediting the hearing of the appellant’s appeal or for expediting the new trial or new hearing or the hearing of the reference, as the case may be.

---

680 (1) A decision made by a judge under section 522, a decision made under subsections 524(3) to (5) with respect to an accused referred to in paragraph 524(1)(a) or a decision made by a judge of the court of appeal under section 320.25 or 679 may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision,

(2) On consent of the parties, the powers of the court of appeal under subsection (1) may be exercised by a judge of that court.

(3) A decision as varied or substituted under this section shall have effect and may be enforced in all respects as though it were the decision originally made.

---

681. [Repealed, 1991, c. 43, s. 9]

---

682. (1) Where, under this Part, an appeal is taken or an application for leave to appeal is made, the judge or provincial court judge who presided at the trial shall, at the request of the court of appeal or a judge thereof, in accordance with rules of court, furnish it or him with a report on the case or on any matter relating to the case that is specified in the request.

(2) A copy or transcript of

(a) the evidence taken at the trial,

(b) any charge to the jury and any objections that were made to a charge to the jury,

(c) the reasons for judgment, if any, and

(d) the addresses of the prosecutor and the accused, if a ground for the appeal is based on either of the addresses, shall be furnished to the court of appeal, except in so far as it is dispensed with by order of a judge of that court.

(3) [Repealed, 1997, c. 18, s. 96]

(4) A party to an appeal is entitled to receive, on payment of any charges that are fixed by rules of court, a copy or transcript of any material that is prepared under subsections (1) and (2).

(5) The Minister of Justice is entitled, on request, to receive a copy or transcript of any material that is prepared under subsections (1) and (2).

---

683 (1) For the purposes of an appeal under this Part, the court of appeal may, where it considers it in the interests of justice,

(a) order the production of any writing, exhibit or other thing connected with the proceedings;

(b) order any witness who would have been a compellable witness at the trial, whether or not he was called at the trial,

(i) to attend and be examined before the court of appeal, or

(ii) to be examined in the manner provided by rules of court before a judge of the court of appeal, or before any officer of the court of appeal or justice of the peace or other person appointed by the court of appeal for the purpose;

(c) admit, as evidence, an examination that is taken under subparagraph (b)(ii);

(d) receive the evidence, if tendered, of any witness, including the appellant, who is a competent but not compellable witness;

(e) order that any question arising on the appeal that

(i) involves prolonged examination of writings or accounts, or scientific or local investigation, and

(ii) cannot in the opinion of the court of appeal conveniently be inquired into before the court of appeal,

be referred for inquiry and report, in the manner provided by rules of court, to a special commissioner appointed by the court of appeal;

(f) act on the report of a commissioner who is appointed under paragraph (e) in so far as the court of appeal thinks fit to do so; and

(g) amend the indictment, unless it is of the opinion that the accused has been misled or prejudiced in his defence or appeal.

(2) In proceedings under this section, the parties or their counsel are entitled to examine or cross-examine witnesses and, in an inquiry under paragraph (1)(e), are entitled to be present during the inquiry, to adduce evidence and to be heard.

(2.1) In proceedings under this section, the court of appeal may order that a party appear by audioconference or videoconference, if the technological means is satisfactory to the court.

(2.2) Sections 714.1 to 714.8 apply, with any modifications that the circumstances require, to examinations and cross-examinations of witnesses under this section.

(2.3) Sections 715.25 and 715.26 apply, with any modifications that the circumstances require, to proceedings under this section.

(3) A court of appeal may exercise, in relation to proceedings in the court, any powers not mentioned in subsection (1) that may be exercised by the court on appeals in civil matters, and may issue any process that is necessary to enforce the orders or sentences of the court, but no costs shall be allowed to the appellant or respondent on the hearing and determination of an appeal or on any proceedings preliminary or incidental thereto.

(4) Any process that is issued by the court of appeal under this section may be executed anywhere in Canada.

(5) If an appeal or an application for leave to appeal has been filed in the court of appeal, that court, or a judge of that court, may, when the court, or the judge, considers it to be in the interests of justice, order that any of the following be suspended until the appeal has been determined:

(a) an obligation to pay a fine;

(b) an order of forfeiture or disposition of forfeited property;

(c) an order to make restitution under section 738 or 739;

(d) an obligation to pay a victim surcharge under section 737;

(e) a probation order under section 731; and

(f) a conditional sentence order under section 742.1.

(5.1) Before making an order under paragraph (5)(e) or (f), the court of appeal, or a judge of that court, may make a release order or order the offender to enter into a recognizance.

(6) The court of appeal may revoke any order it makes under subsection (5) where it considers the revocation to be in the interests of justice.

(7) If the offender is subject to a release order under subsection (5.1), the court of appeal shall, in determining whether to vary the sentence of the offender, take into account the conditions of that order and the period for which they were imposed on the offender.

---

684. (1) A court of appeal or a judge of that court may, at any time, assign counsel to act on behalf of an accused who is a party to an appeal or to proceedings preliminary or incidental to an appeal where, in the opinion of the court or judge, it appears desirable in the interests of justice that the accused should have legal assistance and where it appears that the accused has not sufficient means to obtain that assistance.

(2) Where counsel is assigned pursuant to subsection (1) and legal aid is not granted to the accused pursuant to a provincial legal aid program, the fees and disbursements of counsel shall be paid by the Attorney General who is the appellant or respondent, as the case may be, in the appeal.

(3) Where subsection (2) applies and counsel and the Attorney General cannot agree on fees or disbursements of counsel, the Attorney General or the counsel may apply to the registrar of the court of appeal and the registrar may tax the disputed fees and disbursements.

---

685. (1) Where it appears to the registrar that a notice of appeal, which purports to be on a ground of appeal that involves a question of law alone, does not show a substantial ground of appeal, the registrar may refer the appeal to the court of appeal for summary determination, and, where an appeal is referred under this section, the court of appeal may, if it considers that the appeal is frivolous or vexatious and can be determined without being adjourned for a full hearing, dismiss the appeal summarily, without calling on any person to attend the hearing or to appear for the respondent on the hearing.

(2) If it appears to the registrar that a notice of appeal should have been filed with another court, the registrar may refer the appeal to a judge of the court of appeal for summary determination, and the judge may dismiss the appeal summarily without calling on any person to attend the hearing or to appear for the respondent on the hearing.

---

686 (1) On the hearing of an appeal against a conviction or against a verdict that the appellant is unfit to stand trial or not criminally responsible on account of mental disorder, the court of appeal

(a) may allow the appeal where it is of the opinion that

(i) the verdict should be set aside on the ground that it is unreasonable or cannot be supported by the evidence,

(ii) the judgment of the trial court should be set aside on the ground of a wrong decision on a question of law, or

(iii) on any ground there was a miscarriage of justice;

(b) may dismiss the appeal where

(i) the court is of the opinion that the appellant, although he was not properly convicted on a count or part of the indictment, was properly convicted on another count or part of the indictment,

(ii) the appeal is not decided in favour of the appellant on any ground mentioned in paragraph (a),

(iii) notwithstanding that the court is of the opinion that on any ground mentioned in subparagraph (a)(ii) the appeal might be decided in favour of the appellant, it is of the opinion that no substantial wrong or miscarriage of justice has occurred, or

(iv) notwithstanding any procedural irregularity at trial, the trial court had jurisdiction over the class of offence of which the appellant was convicted and the court of appeal is of the opinion that the appellant suffered no prejudice thereby;

(c) may refuse to allow the appeal where it is of the opinion that the trial court arrived at a wrong conclusion respecting the effect of a special verdict, may order the conclusion to be recorded that appears to the court to be required by the verdict and may pass a sentence that is warranted in law in substitution for the sentence passed by the trial court; or

(d) may set aside a conviction and find the appellant unfit to stand trial or not criminally responsible on account of mental disorder and may exercise any of the powers of the trial court conferred by or referred to in section 672.45 in any manner deemed appropriate to the court of appeal in the circumstances.

(e) [Repealed, 1991, c. 43, s. 9]

(2) Where a court of appeal allows an appeal under paragraph (1)(a), it shall quash the conviction and

(a) direct a judgment or verdict of acquittal to be entered; or

(b) order a new trial.

(3) Where a court of appeal dismisses an appeal under subparagraph (1)(b)(i), it may substitute the verdict that in its opinion should have been found and

(a) affirm the sentence passed by the trial court; or

(b) impose a sentence that is warranted in law or remit the matter to the trial court and direct the trial court to impose a sentence that is warranted in law.

(4) If an appeal is from an acquittal or verdict that the appellant or respondent was unfit to stand trial or not criminally responsible on account of mental disorder, the court of appeal may

(a) dismiss the appeal; or

(b) allow the appeal, set aside the verdict and

(i) order a new trial, or

(ii) except where the verdict is that of a court composed of a judge and jury, enter a verdict of guilty with respect to the offence of which, in its opinion, the accused should have been found guilty but for the error in law, and pass a sentence that is warranted in law, or remit the matter to the trial court and direct the trial court to impose a sentence that is warranted in law.

(5) Subject to subsection (5.01), if an appeal is taken in respect of proceedings under Part XIX and the court of appeal orders a new trial under this Part, the following provisions apply:

(a) if the accused, in his notice of appeal or notice of application for leave to appeal, requested that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall be held accordingly;

(b) if the accused, in his notice of appeal or notice of application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, be held before a judge or provincial court judge, as the case may be, acting under Part XIX, other than a judge or provincial court judge who tried the accused in the first instance, unless the court of appeal directs that the new trial be held before the judge or provincial court judge who tried the accused in the first instance;

(c) if the court of appeal orders that the new trial shall be held before a court composed of a judge and jury, the new trial shall be commenced by an indictment in writing setting forth the offence in respect of which the new trial was ordered; and

(d) notwithstanding paragraph (a), if the conviction against which the accused appealed was for an offence mentioned in section 553 and was made by a provincial court judge, the new trial shall be held before a provincial court judge acting under Part XIX, other than the provincial court judge who tried the accused in the first instance, unless the court of appeal directs that the new trial be held before the provincial court judge who tried the accused in the first instance.

(5.01) If an appeal is taken in respect of proceedings under Part XIX and the Court of Appeal of Nunavut orders a new trial under Part XXI, the following provisions apply:

(a) if the accused, in the notice of appeal or notice of application for leave to appeal, requested that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall be held accordingly;

(b) if the accused, in the notice of appeal or notice of application for leave to appeal, did not request that the new trial, if ordered, should be held before a court composed of a judge and jury, the new trial shall, without further election by the accused, and without a preliminary inquiry, be held before a judge, acting under Part XIX, other than a judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance;

(c) if the Court of Appeal of Nunavut orders that the new trial shall be held before a court composed of a judge and jury, the new trial shall be commenced by an indictment in writing setting forth the offence in respect of which the new trial was ordered; and

(d) despite paragraph (a), if the conviction against which the accused appealed was for an indictable offence mentioned in section 553, the new trial shall be held before a judge acting under Part XIX, other than the judge who tried the accused in the first instance, unless the Court of Appeal of Nunavut directs that the new trial be held before the judge who tried the accused in the first instance.

(5.1) Subject to subsection (5.2), if a new trial ordered by the court of appeal is to be held before a court composed of a judge and jury,

(a) the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury or a provincial court judge;

(b) the election shall be deemed to be a re-election within the meaning of subsection 561(5); and

(c) subsection 561(5) applies, with such modifications as the circumstances require, to the election.

(5.2) If a new trial ordered by the Court of Appeal of Nunavut is to be held before a court composed of a judge and jury, the accused may, with the consent of the prosecutor, elect to have the trial heard before a judge without a jury. The election shall be deemed to be a re-election within the meaning of subsection 561.1(1), and subsection 561.1(6) applies, with any modifications that the circumstances require, to the election.

(6) Where a court of appeal allows an appeal against a verdict that the accused is unfit to stand trial, it shall, subject to subsection (7), order a new trial.

(7) Where the verdict that the accused is unfit to stand trial was returned after the close of the case for the prosecution, the court of appeal may, notwithstanding that the verdict is proper, if it is of the opinion that the accused should have been acquitted at the close of the case for the prosecution, allow the appeal, set aside the verdict and direct a judgment or verdict of acquittal to be entered.

(8) Where a court of appeal exercises any of the powers conferred by subsection (2), (4), (6) or (7), it may make any order, in addition, that justice requires.

---

687. (1) Where an appeal is taken against sentence, the court of appeal shall, unless the sentence is one fixed by law, consider the fitness of the sentence appealed against, and may on such evidence, if any, as it thinks fit to require or to receive,

(a) vary the sentence within the limits prescribed by law for the offence of which the accused was convicted; or

(b) dismiss the appeal.

(2) A judgment of a court of appeal that varies the sentence of an accused who was convicted has the same force and effect as if it were a sentence passed by the trial court.

---

688 (1) Subject to subsection (2), an appellant who is in custody is entitled, if he desires, to be present at the hearing of the appeal.

(2) An appellant who is in custody and who is represented by counsel is not entitled to be present

(a) at the hearing of the appeal, where the appeal is on a ground involving a question of law alone,

(b) on an application for leave to appeal, or

(c) on any proceedings that are preliminary or incidental to an appeal,

unless rules of court provide that he is entitled to be present or the court of appeal or a judge thereof gives him leave to be present.

(2.1) In the case of an appellant who is in custody and who is entitled to be present at any proceedings on an appeal, the court may order that, instead of the appellant personally appearing,

(a) at an application for leave to appeal or at any proceedings that are preliminary or incidental to an appeal, the appellant appear by audioconference or videoconference, if the technological means is satisfactory to the court; and

(b) at the hearing of the appeal, if the appellant has access to legal advice, they appear by closed-circuit television or videoconference.

(3) An appellant may present his case on appeal and his argument in writing instead of orally, and the court of appeal shall consider any case of argument so presented.

(4) A court of appeal may exercise its power to impose sentence notwithstanding that the appellant is not present.

---

689. (1) If the trial court makes an order for compensation or for the restitution of property under section 738 or 739 or an order of forfeiture of property under subsection 164.2(1) or 462.37(1) or (2.01), the operation of the order is suspended

(a) until the expiration of the period prescribed by rules of court for the giving of notice of appeal or of notice of application for leave to appeal, unless the accused waives an appeal; and 

(b) until the appeal or application for leave to appeal has been determined, where an appeal is taken or application for leave to appeal is made.

(2) The court of appeal may by order annul or vary an order made by the trial court with respect to compensation or the restitution of property within the limits prescribed by the provision under which the order was made by the trial court, whether or not the conviction is quashed.

---

690. [Repealed, 2002, c. 13, s. 70]

---

696. The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this Part.

---

696.1 (1) An application for ministerial review on the grounds of miscarriage of justice may be made to the Minister of Justice by or on behalf of a person who has been convicted of an offence under an Act of Parliament or a regulation made under an Act of Parliament or has been found to be a dangerous offender or a long-term offender under Part XXIV and whose rights of judicial review or appeal with respect to the conviction or finding have been exhausted.

(2) The application must be in the form, contain the information and be accompanied by any documents prescribed by the regulations.

---

696.2 (1) On receipt of an application under this Part, the Minister of Justice shall review it in accordance with the regulations.

(2) For the purpose of any investigation in relation to an application under this Part, the Minister of Justice has and may exercise the powers of a commissioner under Part I of the Inquiries Act and the powers that may be conferred on a commissioner under section 11 of that Act.

(3) Despite subsection 11(3) of the Inquiries Act, the Minister of Justice may delegate in writing to any member in good standing of the bar of a province, retired judge or any other individual who, in the opinion of the Minister, has similar background or experience the powers of the Minister to take evidence, issue subpoenas, enforce the attendance of witnesses, compel them to give evidence and otherwise conduct an investigation under subsection (2).

---

696.3 (1) In this section, “the court of appeal” means the court of appeal, as defined by the definition “court of appeal” in section 2, for the province in which the person to whom an application under this Part relates was tried.

(2) The Minister of Justice may, at any time, refer to the court of appeal, for its opinion, any question in relation to an application under this Part on which the Minister desires the assistance of that court, and the court shall furnish its opinion accordingly.

(3) On an application under this Part, the Minister of Justice may

(a) if the Minister is satisfied that there is a reasonable basis to conclude that a miscarriage of justice likely occurred,

(i) direct, by order in writing, a new trial before any court that the Minister thinks proper or, in the case of a person found to be a dangerous offender or a long-term offender under Part XXIV, a new hearing under that Part, or

(ii) refer the matter at any time to the court of appeal for hearing and determination by that court as if it were an appeal by the convicted person or the person found to be a dangerous offender or a long-term offender under Part XXIV, as the case may be; or

(b) dismiss the application.

(4) A decision of the Minister of Justice made under subsection (3) is final and is not subject to appeal.

---

745.6 (1) Subject to subsections (2) to (2.6), a person may apply, in writing, to the appropriate Chief Justice in the province in which their conviction took place for a reduction in the number of years of imprisonment without eligibility for parole if the person

(a) has been convicted of murder or high treason;

(a.1) committed the murder or high treason before the day on which this paragraph comes into force;

(b) has been sentenced to imprisonment for life without eligibility for parole until more than fifteen years of their sentence has been served; and

(c) has served at least fifteen years of their sentence.

(2) A person who has been convicted of more than one murder may not make an application under subsection (1), whether or not proceedings were commenced in respect of any of the murders before another murder was committed.

(2.1) A person who is convicted of murder or high treason and who has served less than 15 years of their sentence on the day on which this subsection comes into force may, within 90 days after the day on which they have served 15 years of their sentence, make an application under subsection (1).

(2.2) A person who is convicted of murder or high treason and who has served at least 15 years of their sentence on the day on which this subsection comes into force may make an application under subsection (1) within 90 days after

(a) the end of five years after the day on which the person was the subject of a determination made under subsection 745.61(4) or a determination or conclusion to which subsection 745.63(8) applies; or

(b) the day on which this subsection comes into force, if the person has not made an application under subsection (1).

(2.3) Subsection (2.2) has no effect on a determination or decision made under subsection 745.61(3) or (5) or 745.63(3), (5) or (6) as it read immediately before the day on which this subsection comes into force. A person in respect of whom a time is set under paragraph 745.61(3)(a) or 745.63(6)(a) as it read immediately before that day may make an application under subsection (1) within 90 days after the end of that time.

(2.4) If the person does not make an application in accordance with subsection (2.1), (2.2) or (2.3), as the case may be, they may make an application within 90 days after the day on which they have served a further five years of their sentence following the 90-day period referred to in that subsection, as the case may be.

(2.5) A person who makes an application in accordance with subsection (2.1), (2.2) or (2.3), as the case may be, may make another application under subsection (1) within 90 days after

(a) the end of the time set under paragraph 745.61(3)(a) or 745.63(6)(a), if a time is set under that paragraph; or

(b) the end of five years after the day on which the person is the subject of a determination made under subsection 745.61(4) or a determination or conclusion to which subsection 745.63(8) applies, if the person is the subject of such a determination or conclusion.

(2.6) A person who had made an application under subsection (1) as it read immediately before the day on which this subsection comes into force, whose application was finally disposed of on or after that day and who has then made a subsequent application may make a further application in accordance with subsection (2.5), if either paragraph (2.5)(a) or (b) is applicable.

(2.7) The 90-day time limits for the making of any application referred to in subsections (2.1) to (2.5) may be extended by the appropriate Chief Justice, or his or her designate, to a maximum of 180 days if the person, due to circumstances beyond their control, is unable to make an application within the 90-day time limit.

(2.8) If a person convicted of murder does not make an application under subsection (1) within the maximum time period allowed by this section, the Commissioner of Correctional Service Canada, or his or her designate, shall immediately notify in writing a parent, child, spouse or common-law partner of the victim that the convicted person did not make an application. If it is not possible to notify one of the aforementioned relatives, then the notification shall be given to another relative of the victim. The notification shall specify the next date on which the convicted person will be eligible to make an application under subsection (1).

Definition of appropriate Chief Justice

(3) For the purposes of this section and sections 745.61 to 745.64, the appropriate Chief Justice is

(a) in relation to the Province of Ontario, the Chief Justice of the Ontario Court;

(b) in relation to the Province of Quebec, the Chief Justice of the Superior Court;

(c) in relation to the Province of Newfoundland and Labrador, the Chief Justice of the Supreme Court, Trial Division;

(d) in relation to the Provinces of New Brunswick, Manitoba, Saskatchewan and Alberta, the Chief Justice of the Court of Queen’s Bench;

(e) in relation to the Provinces of Nova Scotia, British Columbia and Prince Edward Island, the Chief Justice of the Supreme Court; and

(f) in relation to Yukon, the Northwest Territories and Nunavut, the Chief Justice of the Court of Appeal.

---

759. (1) An offender who is found to be a dangerous offender or a long-term offender may appeal to the court of appeal from a decision made under this Part on any ground of law or fact or mixed law and fact.

(1.1) [Repealed, 2008, c. 6, s. 51]

(2) The Attorney General may appeal to the court of appeal from a decision made under this Part on any ground of law.

(3) The court of appeal may

(a) allow the appeal and

(i) find that an offender is or is not a dangerous offender or a long-term offender or impose a sentence that may be imposed or an order that may be made by the trial court under this Part, or

(ii) order a new hearing, with any directions that the court considers appropriate; or

(b) dismiss the appeal.

(3.1) and (3.2) [Repealed, 2008, c. 6, s. 51]

(4) A decision of the court of appeal has the same force and effect as if it were a decision of the trial court.

(4.1) to (5) [Repealed, 2008, c. 6, s. 51]

(6) Notwithstanding subsection 719(1), a sentence imposed on an offender by the court of appeal pursuant to this section shall be deemed to have commenced when the offender was sentenced by the court by which he was convicted.

(7) The provisions of Part XXI with respect to procedure on appeals apply, with such modifications as the circumstances require, to appeals under this section.

---

784. (1) An appeal lies to the court of appeal from a decision granting or refusing the relief sought in proceedings by way of mandamus, certiorari or prohibition.

(2) Except as provided in this section, Part XXI applies, with such modifications as the circumstances require, to appeals under this section.

(3) Where an application for a writ of habeas corpus ad subjiciendum is refused by a judge of a court having jurisdiction therein, no application may again be made on the same grounds, whether to the same or to another court or judge, unless fresh evidence is adduced, but an appeal from that refusal shall lie to the court of appeal, and where on the appeal the application is refused a further appeal shall lie to the Supreme Court of Canada, with leave of that Court.

(4) Where a writ of habeas corpus ad subjiciendum is granted by any judge, no appeal therefrom shall lie at the instance of any party including the Attorney General of the province concerned or the Attorney General of Canada.

(5) Where a judgment is issued on the return of a writ of habeas corpus ad subjiciendum, an appeal therefrom lies to the court of appeal, and from a judgment of the court of appeal to the Supreme Court of Canada, with the leave of that Court, at the instance of the applicant or the Attorney General of the province concerned or the Attorney General of Canada, but not at the instance of any other party.

(6) An appeal in habeas corpus matters shall be heard by the court to which the appeal is directed at an early date, whether in or out of the prescribed sessions of the court.

---

813. Except where otherwise provided by law,

(a) the defendant in proceedings under this Part may appeal to the appeal court

(i) from a conviction or order made against him,

(ii) against a sentence passed on him, or

(iii) against a verdict of unfit to stand trial or not criminally responsible on account of mental disorder; and

(b) the informant, the Attorney General or his agent in proceedings under this Part may appeal to the appeal court

(i) from an order that stays proceedings on an information or dismisses an information,

(ii) against a sentence passed on a defendant, or

(iii) against a verdict of not criminally responsible on account of mental disorder or unfit to stand trial, and the Attorney General of Canada or his agent has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province or his agent has under this paragraph.

---

815.  (1) An appellant who proposes to appeal to the appeal court shall give notice of appeal in such manner and within such period as may be directed by rules of court.

(2) The appeal court or a judge thereof may extend the time within which notice of appeal may be given.

---

821.  (1) Where a notice of appeal has been given in accordance with the rules referred to in section 815, the clerk of the appeal court shall notify the summary conviction court that made the conviction or order appealed from or imposed the sentence appealed against of the appeal and on receipt of the notification that summary conviction court shall transmit the conviction, order or order of dismissal and all other material in its possession in connection with the proceedings to the appeal court before the time when the appeal is to be heard, or within such further time as the appeal court may direct, and the material shall be kept by the clerk of the appeal court with the records of the appeal court.

(2) An appeal shall not be dismissed by the appeal court by reason only that a person other than the appellant failed to comply with the provisions of this Part relating to appeals.

(3) Where the evidence on a trial before a summary conviction court has been taken by a stenographer duly sworn or by a sound recording apparatus, the appellant shall, unless the appeal court otherwise orders or the rules referred to in section 815 otherwise provide, cause a transcript thereof, certified by the stenographer or in accordance with subsection 540(6), as the case may be, to be furnished to the appeal court and the respondent for use on the appeal.

---

839. (1) Subject to subsection (1.1), an appeal to the court of appeal as defined in section 673 may, with leave of that court or a judge thereof, be taken on any ground that involves a question of law alone, against

(a) a decision of a court in respect of an appeal under section 822; or

(b) a decision of an appeal court under section 834, except where that court is the court of appeal.

(1.1) An appeal to the Court of Appeal of Nunavut may, with leave of that court or a judge of that court, be taken on any ground that involves a question of law alone, against a decision of a judge of the Court of Appeal of Nunavut acting as an appeal court under subsection 812(2) or 829(2).

(2) Sections 673 to 689 apply with such modifications as the circumstances require to an appeal under this section.

(3) Notwithstanding subsection (2), the court of appeal may make any order with respect to costs that it considers proper in relation to an appeal under this section.

(4) The decision of the court of appeal may be enforced in the same manner as if it had been made by the summary conviction court before which the proceedings were originally heard and determined.

(5) The Attorney General of Canada has the same rights of appeal in proceedings instituted at the instance of the Government of Canada and conducted by or on behalf of that Government as the Attorney General of a province has under this Part.

Statutes

Divorce Act

21. (1) Subject to subsections (2) and (3), an appeal lies to the appellate court from any judgment or order, whether final or interim, rendered or made by a court under this Act.

(2) No appeal lies from a judgment granting a divorce on or after the day on which the divorce takes effect.

(3) No appeal lies from an order made under this Act more than thirty days after the day on which the order was made.

(4) An appellate court or a judge thereof may, on special grounds, either before or after the expiration of the time fixed by subsection (3) for instituting an appeal, by order extend that time.

(5) The appellate court may

(a) dismiss the appeal; or

(b) allow the appeal and

(i) render the judgment or make the order that ought to have been rendered or made, including such order or such further or other order as it deems just, or

(ii) order a new hearing where it deems it necessary to do so to correct a substantial wrong or miscarriage of justice.

(6) Except as otherwise provided by this Act or the rules or regulations, an appeal under this section shall be asserted, heard and decided according to the ordinary procedure governing appeals to the appellate court from the court rendering the judgment or making the order being appealed.

Extradition Act

103. Any person dissatisfied with an order or decision of the court or a single judge in any proceeding under this Act may,

(a) if the question to be raised on the appeal involves future rights,

(b) if the order or decision is likely to affect other cases of a similar nature in the winding-up proceedings, or 

(c) if the amount involved in the appeal exceeds five hundred dollars, by leave of a judge of the court, or by leave of the court or a judge of the court to which the appeal lies, appeal therefrom.

Companies’ Creditors Arrangement Act

13. Except in Yukon, any person dissatisfied with an order or a decision made under this Act may appeal from the order or decision on obtaining leave of the judge appealed from or of the court or a judge of the court to which the appeal lies and on such terms as to security and in other respects as the judge or court directs.

Canada Business Corporations Act 

249. (1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under this Act.

Canada Cooperatives Act 

348. (1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under this Act.

(2) An appeal lies to the court of appeal of a province from any other order made by a court of that province, only with leave of the court of appeal in accordance with the rules of that court.

Protection of Residential Mortgage or Hypothecary Insurance Act 

38. An appeal lies to the court of appeal of a province from any order made under this Act by a court of that province, only with leave of the court of appeal in accordance with the rules applicable to that court.

Cooperative Credit Associations Act

470. (1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under this Act.

(2) An appeal lies to the court of appeal of a province from any order, other than a final order made by a court of that province, only with leave of the court of appeal in accordance with the rules applicable to that court.

Bank Act

990. (1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under this Act.

(2) An appeal lies to the court of appeal of a province from any order, other than a final order made by a court of that province, only with leave of the court of appeal in accordance with the rules applicable to that court.

Trust and Loan Companies Act 

538. (1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under this Act.

(2) An appeal lies to the court of appeal of a province from any order, other than a final order made by a court of that province, only with leave of the court of appeal in accordance with the rules applicable to that court.

Insurance Companies Act 

1032. (1) An appeal lies to the court of appeal of a province from any final order made by a court of that province under this Act.

(2) An appeal lies to the court of appeal of a province from any order, other than a final order made by a court of that province, only with leave of the court of appeal in accordance with the rules applicable to that court.

Canada Elections Act 

311 (1) If a judge does not comply with the provisions of sections 300 to 309, an aggrieved party may, within eight days after the failure to comply, make application for an order under subsection (3)

(a) in the Province of Ontario, to a judge of the Superior Court of Justice;

(b) in the Province of Quebec, New Brunswick or Alberta, Yukon, the Northwest Territories or Nunavut, to a judge of the Court of Appeal of the Province or Territory;

(c) in the Province of Nova Scotia, British Columbia or Prince Edward Island, to a judge of the Supreme Court of the Province;

(d) in the Province of Manitoba or Saskatchewan, to a judge of the Court of Queen’s Bench for the Province; and

(e) in the Province of Newfoundland and Labrador, to a judge of the Trial Division of the Supreme Court of Newfoundland and Labrador.

(2) An application under subsection (1) may be made on affidavit, which need not be entitled in any matter or cause, that sets out the facts relating to the failure to comply.

(3) The judge to whom an application is made under subsection (1) shall, if it appears that there was a failure to comply, make an order

(a) fixing the time, within the following eight days, and place to hear the application;

(b) directing the attendance of all parties interested at that time and place; and

(c) giving directions for the service of the order, and of any affidavit on which it was granted, on the judge alleged to have failed to comply and on any other interested party.

(4) The judge complained of and any interested party may file in the office of the clerk, registrar or prothonotary of the court of the judge to whom the application is made affidavits in reply to those filed by the applicant and shall provide the applicant with copies of them on demand.

Supreme Court Act 

65.1 (1) The Court, the court appealed from or a judge of either of those courts may, on the request of the party who has served and filed a notice of application for leave to appeal, order that proceedings be stayed with respect to the judgment from which leave to appeal is being sought, on the terms deemed appropriate.