CHAPTER IIProvisions Applicable to all Divisions of the Court of Québec (continued)
38 Authorities. Any party may produce a book of authorities containing doctrine and case law. The relevant passages must be identified.
It is permitted to produce only the relevant excerpts of doctrine and case law, in which case the pages immediately preceding and following the excerpts or, for case law, the reference and summary of the decision or order, must be included.
Double-sided printing is permitted.
39 List of authorities. In a given matter, a list of authorities for doctrine and case law may be established by a directive of the chief judge, or agreed on by the parties with the assent of the judge. These authorities are deemed to have been produced and the parties are exempted from reproducing them.
40 Regulatory and legislative provisions. In civil cases, a represented party that invokes regulatory or legislative provisions other than those of the Civil Code of Québec, the Code of Civil Procedure (chapter C-25.01), the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11, the Charter of Human Rights and Freedoms (chapter C-12) and the Consumer Protection Act (chapter P-40.1) must provide a copy for the judge and parties.
In criminal and penal cases, a represented party that invokes regulatory or legislative provisions other than those of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11, the Criminal Code (R.S.C. 1985, c. C-46), the Canada Evidence Act (R.S.C., 1985, c. C-5), the Controlled Drugs and Substances Act (S.C., 1996, c. 19), the Charter of Human Rights and Freedoms (chapter C-12), the Code of Penal Procedure (chapter C-25.1) and the Highway Safety Code (chapter C-24.2) must provide a copy for the judge and parties.
In youth protection and adoption cases, a represented party that invokes regulatory or legislative provisions other than those of the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Civil Code of Québec, the Code of Civil Procedure (chapter C-25.01), the Youth Criminal Justice Act (S.C. 2000, c. 1), the Criminal Code (R.S.C. 1985, c. C-46), the Constitution Act, 1982 Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11 and the Charter of Human Rights and Freedoms (chapter C-12) must provide a copy for the judge and parties.
In youth criminal justice cases, a represented party that invokes regulatory or legislative provisions other than those of the Constitution Act, 1982 Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11, the Civil Code of Québec, the Code of Civil Procedure (chapter C-25.01), the Youth Criminal Justice Act (S.C. 2000, c. 1), the Youth Protection Act (chapter P-34.1), the Act respecting health services and social services (chapter S-4.2), the Criminal Code (R.S.C., 1985, c. C-46), the Canada Evidence Act (R.S.C., 1985, c. C-5), the Controlled Drugs and Substances Act (S.C. 1996, c. 19), the Charter of Human Rights and Freedoms (chapter C-12), the Code of Penal Procedure (chapter C-25.1), the Highway Safety Code (chapter C-24.2) and the Contraventions Act (S.C. 1992, c. 47) must provide a copy for the judge and parties.
41 Plan of Argument. The judge may require the parties to produce a Plan of Argument summarizing the arguments raised with references to the supporting evidence and authorities.
42 Declaration of quarrelsomeness. The clerk must send to the Ministère de la Justice du Québec, for entry into the public register of persons found to be quarrelsome, a copy of any order prohibiting the person from introducing pleadings that have been filed in the court office, while respecting the confidentiality required by law, in particular in youth protection and adoption matters; the clerk then notifies the chief judge.
43 Application for authorization to file an application. The application for authorization to file an application must be addressed to the chief judge or the judge designated by the chief judge and filed in the court office where the order originated, and the application may be decided on the face of the documents, without a hearing.
The application for authorization must be filed with a copy of the order and the planned pleading.
The chief judge or the judge designated by the chief judge may defer the application to the court, in which case the applicant must have the planned pleading served on the parties, giving ten days’ notice of presentation.
A pleading that has not received prior authorization is deemed not to exist. The clerk must refuse to receive it, or the judge must reject it, unless it is an application for authorization or a notice of appeal.
CHAPTER IIIProvisions Applicable to the Civil Division
DIVISION IGeneral Provisions
§ 1 — Record
44 Consultation of a record. A paper-based record or an exhibit filed with it may be consulted only in the presence of the clerk or a person designated by the clerk.
45 Removal. A record or exhibit may be removed from the court office only at the request or with the authorization of the judge or the clerk. The clerk must require written proof of consent from the parties, which is then filed in the record.
46 Court register. When a record is forwarded to the court or the judge, an updated excerpt from the court register is filed in it and all previous excerpts are destroyed.
§ 2 — Applications Presented in Civil Practice or to a Judge Acting in Chambers
47 Content. A written application presented in civil practice or to a judge acting in chambers must indicate its nature and object and a reference to the legislative or regulatory provision on which it is based.
An application presented as part of a case management conference must indicate its nature and object, be accompanied by everything needed for its analysis, and refer to the legislative or regulatory provision on which it is based.
§ 3 — Case Management and Pre-trial Conference
48 Examination of the case protocol. The case protocol is examined and the case management conference is held by the court in accordance with the directives of the chief judge.
49 Technological means. The court may, on its own initiative or at the written request of a party, hear an application using any appropriate technological means. The use of such technology is contingent on the quality of the equipment used and its availability. After examination, the judge communicates a decision to the parties.
Where applicable, the parties make representations in the judge’s courtroom, in a suitably equipped room, or in the judge’s chambers.
The parties and their lawyers or notaries are responsible for providing the judge’s office with the contact information to be used and for being available and reachable at the time set.
At all times, a sound recording is required for conservation and reproduction purposes.
50 Examinations. The judge may authorize a pre-trial examination, an examination by affidavit or the examination of a witness outside the presence of the court using videoconference facilities or any other means of communication, if the means proposed appears to the judge to be reliable and proportionate to the circumstances of the case, taking into account the quality of the equipment used and its availability, and the possibility for the court of taking cognizance of and using the content of the examination. The judge must take into consideration, for the court, the technological environment for court business.
51 Application to set a date by priority. Every application to have a date set for a case by priority must be in writing, give reasons, and be submitted to the coordinating judge, associate coordinating judge or a judge designated by one of the former for that purpose.
The application may be made for any case and for any serious reason, including the complexity of the case or the number of witnesses.
§ 4 — Readiness for Trial and Setting Down by Default
52 Readiness for trial. After the filing of the joint declaration, the parties must immediately notify the court of any pleading or circumstances which could modify the status of the case.
Similarly, in the event of a discontinuance, transaction or bankruptcy, the parties must notify the court office and file, without delay, a copy of the notice of bankruptcy or the declaration evidencing the discontinuance or transaction.
53 Setting down by default. A setting down by default after a failure by a party to answer a summons, attend a case management conference without valid reason or defend the application must indicate the nature of the case and the amount in dispute.
§ 5 — Taking Under Advisement and Judgment
54 Taking under advisement. Before submitting the record to the judge to take under advisement, the clerk ensures that it is complete. If the record is incomplete, the clerk must notify the lawyers or notaries or parties of the fact so that they may remedy the situation within the time set by the judge.
No case may be taken under advisement until the record has been completed, unless the judge decides otherwise.
55 Default judgment. Once evidence adduced pursuant to article 182 of the Code of Civil Procedure (chapter C-25.01) has been filed into the record, the clerk, if the special clerk does not have jurisdiction to render judgment and if the court is not sitting in the district, must forward the record to the judge who authorized the evidence or to any other judge designated by the chief judge.
56 Signed judgment on a pleading. A judgment written out and signed on a pleading presented to the judge does not need to be written out and signed again on a separate sheet, and a certified true copy of it may be issued by the clerk.
57 Incomplete trial or record. If the parties fail to complete the trial or the record within the time set by the judge when trying a case, whether contested or not, the judge may remove himself or herself from the case or render judgment on the basis of the record as constituted, or make any other order the judge considers appropriate, and notify the chief judge accordingly.
DIVISION IIProvisions Applicable to Cases Appealed to the Court of Québec and Heard by the Administrative and Appeal Division
58 Application. This Division applies to appeals made to the Court of Québec, except appeals made under the Act respecting the Régie du logement (chapter R-8.1).
The clerk who receives the pleading forwards it to the associate coordinating judge responsible for the Administrative and Appeal Division or, outside Montréal, to the associate coordinating judge for the Civil Division.
59 Case management. Within 60 days following the filing of the notice of appeal or the judgment granting leave to appeal, the associate coordinating judge responsible for the Administrative and Appeal Division, or the judge designated by the associate coordinating judge for that purpose, contacts the parties and, if necessary, summons them to a calling of the roll and, after hearing the representations of the parties or their lawyers:
(1) decides on an appropriate means to simplify the proceeding and shorten the hearing, including the advisability of admitting some fact or document and supplying the list of authorities the parties intend to submit;
(2) establishes, where applicable, a schedule for the filing of briefs;
(3) sets the date of the hearing.
60 Special case management. When necessary by the nature, character or complexity of a proceeding, the associate coordinating judge responsible for the Administrative and Appeal Division may, on his or her initiative or on request, order special case management. Where applicable, that judge or a judge designated by such a judge for that purpose ensures the orderly progress of the proceeding.
61 Briefs. If the Act authorizing the appeal contains no specific provisions, the filing of briefs must comply with the provisions of this Regulation.
A paper version of the original brief must be filed at the court office of the Court of Québec, with one other copy. Briefs must be notified to the opposing party and to any impleaded party.
The copy of the brief may be on paper or in electronic format. In the latter case, the copy must be sent to the associate coordinating judge responsible for the Administrative and Appeal Division in Word format, and a copy in PDF format must be sent to the other parties.
The time limits for the filing of briefs are set out in a schedule submitted by the parties and approved by the associate coordinating judge responsible for the Administrative and Appeal Division or a judge designated by the associate coordinating judge for that purpose. In the absence of a schedule, briefs must be filed and notified by the appellant within three months of the notice of appeal, and within the following two months by the respondent. Any other party must file its brief within three months following notification of the appellant’s brief.
62 Extension of and failure to comply with time limits. The associate coordinating judge responsible for the Administrative and Appeal Division or a judge designated by the associate coordinating judge for that purpose may extend the time limit for filing a brief if a request is made before the time limit expires.
When the law requires the filing of a brief, and where the appellant has failed to file and notify such a brief within the time limit and there is no pending request for an extension, the clerk of the Court of Québec notes the failure and issues a certificate of lapse of appeal.
63 Content of brief. The appellant’s brief must include the appellant’s arguments and three schedules; the respondent’s brief must include the respondent’s arguments and, if necessary, one or more of the appellant’s schedules, with complementary information.
64 Argument. Each argument must be divided into five parts:
- —Part I (facts): the appellant must succinctly recite the facts. The respondent may comment and relate additional facts.
- —Part II (issues in dispute): the appellant must concisely list the issues in dispute. The respondent may answer and state any other relevant issue.
- —Part III (submissions): each party must develop its submissions, with specific reference to the content of the schedules.
- —Part IV (conclusions): each party must state the precise conclusions it seeks.
- —Part V (authorities): each party must prepare a list of authorities that includes a specific reference to the paragraph(s) at which they are cited.
65 Joint statement. The joint statement, if any, must be reproduced by the appellant at the beginning of Schedule III, referred to in section 66 of this Regulation.
66 Number of pages. The first four parts of the argument cannot exceed 30 pages.
67 Schedules. The appellant’s brief must consist of three schedules, reproducing:
- —in Schedule I: the judgment or decision appealed from, including reasons and, if applicable, the previous judgment or decision submitted for judicial review or appealed to the Court of Appeal, with the minutes of the trial on the merits in first instance;
- —in Schedule II:
(a) the notice of appeal (article 352 of the Code of Civil Procedure (chapter C-25.01)) and, if applicable, the application for leave to appeal (article 357 of the said Code) and the judgment granting leave;
(b) the proceedings of the joined issue;
(c) all applicable statutory provisions, other than those of the Civil Code of Québec and the Code of Civil Procedure;
- —in Schedule III: all and only those exhibits and depositions necessary for the Court of Québec to decide the issues in dispute (article 372, first paragraph, of the Code of Civil Procedure (chapter C-25.01)).
68 Excerpts. Schedule III may be produced by technological means, in which case only the excerpts to which the arguments refer are produced as a paper version.
Each page of the technological version shall use the same pagination as on the paper version.
69 Final requirements. On the last page of the brief, its author must (article 99, third paragraph, Code of Civil Procedure (chapter C-25.01)):
(1) attest that the brief complies with the requirements of the Regulation of the Court of Québec;
(2) undertake to make available to any other party, at no cost, the depositions in its possession in paper or electronic format;
(3) indicate the time needed for oral argument, including the reply.
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