Court of Appeal of Quebec
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Settlement Conference
The Court of Appeal of Québec offers to those who desire, the possibility to meet with a judge in the context of a settlement conference, in order to help litigants definitely resolve litigation.
The Settlement Conference is FREE, RAPID, CONFIDENTIAL and based on a FLEXIBLE procedure.
To whom is this service available?
All parties represented by counsel involved in a civil case in appeal, including family and commercial or other matters, who wish to definitively resolve their dispute.
A settlement conference necessitates the consent of all parties involved in the litigation. Consent may be required at all stages of the file under appeal, even if the factums have already been produced.
How to apply for a Settlement Conference?
The parties and their lawyers must complete, sign and return the request form to the Office of the Court of Appeal:
Form to Request a Settlement Conference
When the form is received, pursuant to art. 381 C.C.P. and ss. 76-77 of the Regulation of the Court of Appeal of Quebec in Civil Matters (R.C.A.Q.Civ.M.) the time limits applicable to the proceedings on appeal will be suspended (except the appeal time limits, art. 360 C.C.P.) and the Office of the Court will make the relevant docket entries.
Please note that incomplete forms (e.g., forms signed only by the parties but not their counsel, or signed only by counsel but not the represented party or, in the case of legal persons, forms that are not signed by an authorized representative) do not constitute notice in keeping with the second paragraph of article 381 C.C.P. (or s. 76 of the Regulation) and will not cause the time limits to be suspended. Suspension will take effect when the Office of the Court receives the duly signed and completed form. In addition, please note that it is not necessary that the signatures of all parties be on the same form: separate, complementary forms may be sent to the Office of the Court. In such cases, notice will not be considered effected and suspension will not be in force until the Office of the Court receives the final required form.
The settlement conference will be held on a date agreed upon by the parties and the judge responsible for settlement conferences.
Documents relevant to attempting to reach a settlement must be transmitted to the judge prior to the settlement conference.
How does a settlement conference work?
A judge of the Court of Appeal presides over the settlement conference.
The procedure for the settlement conferencemay vary according to the circumstances: plenary sessions, individual caucuses, etc.
A flexible procedure is at the heart of the system. The judge remains available to the parties throughout the settlement conference.
The outcome of a Settlement Conference.
If the settlement conference leads to a solution of the litigation, an agreement is drawn up, signed by the parties and homologated by the Court with no further formality.
If the settlement conference does not lead to a solution of the dispute, no report is filed in the court record and the judge who conducted the settlement conference cannot preside on the panel that hears the appeal.
Everything that is said or occurs during an settlement conference is strictly confidential and may not be revealed either by testimony or otherwise.
For more information
Montreal
Court office - Court of Appeal of Quebec
Ernest-Cormier Building
100 Notre-Dame Street East
Montréal (Québec) H2Y 4B6
Phone: 514-393-2022
Quebec
Court office - Court of Appeal of Quebec
Palais de justice
300, boulevard Jean-Lesage
Floor 4th (4.27)
Québec (Québec) G1K 8K6
Phone: 418-649-3401