Purpose

An application in the course of a proceeding presented before a judge must be filed on paper and must therefore be in writing.

It cannot exceed 10 pages, which excludes the designation of the parties and the conclusions sought.

A judge may refer an application to the Court.

Examples

• Application for leave to appeal from a judgment terminating the proceeding (arts. 30 para. 2 and 357 C.C.P.)
• Application for leave to appeal from a judgment rendered in the course of a proceeding (arts. 31 and 357 C.C.P.)
• Application for provisional execution of a judgment (art. 355 and/or 661 C.C.P.)
• Application to stay provisional execution of a judgment (art. 660 C.C.P.)
• Application to stay the execution of a judgment of the Court of Appeal (where there is an appeal to the Supreme Court of Canada) (art. 390 para. 2 C.C.P. and s. 65.1(1) Supreme Court Act)
• Application to extend the time limit for filing an appeal (s. 21(4) Divorce Act)
• Application to extend the time limit for filing an appeal (s. 31(1) Bankruptcy and Insolvency General Rules)

Notification/Filing

You must notify your application addressed to a judge to the other parties, either (i) by technological means or (ii) by delivering one paper copy of the notice, and file it at least five working days before its presentation date.

Number of copies of an application in the course of a proceeding presented before a judge

You must file two paper copies of your application, together with:

• one copy of the proof of notification to the other parties;
• an express statement of confidentiality (if applicable) under the court record number;
• an affidavit, if necessary;
• a notice of presentation; and
• all the documents required for its adjudication.

Calendars of available dates

Please refer to the page entitled “Calendars of hearing dates of applications” on our website to determine the days on which you can present your application before a judge.

No reservation is required to present an application addressed to a judge.

Notice of presentation

Every application must be accompanied by a notice of presentation stating, in particular, the date and time it is to be presented and the courtroom in which the hearing will take place.

There must be at least five working days between the filing date and the presentation date of your application.

Such applications are presented from Monday to Friday at 9:30 a.m.

Montreal: Courtroom RC-18 / Quebec City: Courtroom 4.30

Digital Office of the Court of Appeal (DOCA)

Using DOCA, you must transmit the PDF file of your application on the day the paper version is filed, unless you are exempted from doing so, failing which, its presentation will be postponed to a date determined by the clerk.

Exemption: Self-represented parties who are detained or hospitalized are not required to transmit the PDF file of pleadings, briefs, memoranda or any other document they file on paper.

Book of authorities

If you want to file a book of authorities in support of your application, the PDF file must be filed through DOCA and notified to the other parties at least two working days before the presentation date of the application.

Please consult the table published in the subsection Number of copies in paper copy format required for a hearing to determine the number of copies required by the clerk depending on the presentation date of your application and the courtroom in which it will be heard. Please refer to: Book of authorities and hearing.

Outline of the oral argument

The application is contested orally at the hearing. However, the respondent may file with the Court office and notify to the other parties, at least two working days prior to the presentation date of the application, an outline of oral argument not exceeding two pages setting out its position.

Decorum

Whether the hearing is held in person or by technological means, sober attire is required.

Guide to best practices 

1. Before filing your application, verify that it satisfies all the requirements mentioned in the checklist available on the Court’s website and at the Court office
2. To reduce the risk of errors, use the model pleadings in Word format prepared by the Court and made available on the Court’s website.
3. Before indicating a date in the notice of presentation, consult the available hearing dates at Calendars of hearing dates of applications.
4. Make sure to attach all exhibits necessary to support your application addressed to a judge, including the contested judgment.

Avoid these frequent reasons for refusal

• You did not file a representation or non‑representation statement (s. 38 R.C.A.Q.Civ.M.).
• Your application was not validly notified.
• Your application exceeds the 10-page maximum.
• The number of copies of the application is insufficient.
• Your application was transmitted only by email, by fax or through DOCA without paper copies (except for originating appellate pleadings).

Useful links and resources

Please read the applicable provisions, including:

Articles 101 para. 3, and 377 to 379 C.C.P.

Sections 8, 9, 13, 36 and 64 to 75 R.C.A.Q.Civ.M.

Purpose

An application in the course of a proceeding presented before the Court (panel of three judges) must be filed on paper and must therefore be in writing.

It cannot exceed 10 pages, which excludes the designation of the parties and the conclusions sought.

Examples

• Application for leave to appeal after the expiry of the time limit (art. 363 C.C.P.)
• Application to dismiss an appeal (art. 365 C.C.P.)
• Application for leave to present indispensable new evidence (art. 380 C.C.P.)

Notification/Filing

You must notify your application addressed to the Court to the other parties, either (i) by technological means or (ii) by delivering one paper copy of the notice, and file it at least 10 working days before its presentation date.

In the case of an application to dismiss the appeal, see the section entitled “Application to dismiss the appeal and for a suretyship or other ancillary conclusions”.

In all cases, you must also file the application within five working days after the date you made the reservation.

Number of copies of an application in the course of a proceeding presented before the Court

You must file four paper copies of your application, together with:

• an express statement of confidentiality (if applicable) under the court record number;
• an affidavit, if necessary;
• a notice of presentation; and

• all the documents required for its adjudication.

Reservation

Please refer to the page entitled “Calendars of hearing dates of applications” on our website to determine the days on which you can present your application before the Court.

If you want to present your application before the Court, you must, prior to filling out your notice of presentation, reserve a date by calling the Court office:

Montreal: 514-393-2022 / Quebec City: 418-649-3401

Notice of presentation

Every application must be accompanied by a notice of presentation stating, in particular, the date and time it is to be presented and the courtroom in which the hearing will take place.

There must be at least 10 working days between the filing date and the presentation date of your application.

Such applications are presented at 9:30 a.m.:

Montreal: every Monday, during the weeks when the Court is sitting (Pierre-Basile Mignault Courtroom).

Quebec City: one Monday a month, during the weeks when the Court is sitting (Courtroom 4.33).

Digital Office of the Court of Appeal (DOCA)

Using DOCA, you must transmit the PDF file of your application on the day the paper version is filed, unless you are exempted from doing so, failing which, its presentation will be postponed to a date determined by the clerk.

Exemption: Self-represented parties who are detained or hospitalized are not required to transmit the PDF file of pleadings, briefs, memoranda or any other document they file on paper.

Book of authorities

If you want to file a book of authorities in support of your application, the PDF file must be filed through DOCA and notified to the other parties at least five working days before the date of presentation of the application before the Court.

Please consult the table published in the subsection Number of copies in paper copy format required for a hearing to determine the number of copies required by the clerk depending on the presentation date of your application and the courtroom in which it will be heard. Please refer to: Book of authorities and hearing.

Outline of the oral argument

The application is contested orally at the hearing. Therefore, no outline of the oral argument will be accepted.

Decorum

Whether the hearing is held in person or by technological means, sober attire is required.

Guide to best practices

1. Before filing your application addressed to the Court, verify that it satisfies all the requirements mentioned in the checklist available on the Court’s website and at the Court office
2. To reduce the risk of errors, use the model pleadings in Word format prepared by the Court and made available on the Court’s website.
3. Before indicating a date in the notice of presentation, consult the available hearing dates at Calendars of hearing dates of applications and reserve a presentation date by calling the Court office.
4. Make sure to attach all exhibits necessary to support your application addressed to the Court.

Avoid these frequent reasons for refusal

• You did not file a representation or non‑representation statement (s. 38 R.C.A.Q.Civ.M.)
• Your application was not validly notified.
• Your application exceeds the 10-page maximum.
• The number of copies of the application is insufficient.
• Your application was transmitted only by email, by fax or through DOCA without paper copies (except for originating appellate pleadings).

Useful links and resources

Please read the applicable provisions, including:

Articles 101 para. 3, and 377 to 380 C.C.P.

Sections 8, 9, 13, 36, 37 and 64 to 75 R.C.A.Q.Civ.M.

Purpose

An application to dismiss the appeal (art. 365 C.C.P.) must be filed on paper and must therefore be in writing.

It cannot exceed 10 pages, which excludes the designation of the parties and the conclusions sought.

If you are the respondent in a case, the Court of Appeal may, on an application by you, dismiss the appeal in the following situations:

• the surety was not furnished within the time limit determined;
• the judgment under appeal has been acquiesced in;
• a party in whose favour the judgment was rendered has renounced the rights arising from it; or

• the appeal has no reasonable chance of success.

The Court, even on its own initiative, may dismiss the appeal:

• if the right to appeal is non-existent;
• if the right to appeal has been forfeited;
• if the appeal is abusive; or

• if the appeal was improperly initiated. 

Your application to dismiss the appeal, including an application that contains a subsidiary conclusion for a suretyship or other ancillary conclusions, may be dismissed on the face of the record (without a hearing).

Notification/Filing

You must notify your application to dismiss the appeal to the other parties (i) by technological means or (ii) by delivering one paper copy of the application.

You must file your application to dismiss the appeal within 20 working days after service of the notice of appeal and at least 30 working days before its presentation date.

In all cases, you must also file the application within five working days after the date you made the reservation.

Number of copies of an application to dismiss the appeal

You must file four paper copies of your application, together with:

• one copy of the proof of notification to the other parties;
• an express statement of confidentiality (if applicable) under the court record number;
• an affidavit, if necessary;
• a notice of presentation; and

• all the documents required for its adjudication.

Reservation

Please refer to the page entitled “Calendars of hearing dates of applications” on our website to determine the days on which you can present your application before the Court.

If you want to present your application to dismiss the appeal before the Court, you must, prior to filling out your notice of presentation, reserve a date by calling the Court office:

Montreal: 514-393-2022 / Quebec City: 418-649-3401

Notice of presentation

Every application must be accompanied by a notice of presentation stating, in particular, the date and time it is to be presented and the courtroom in which the hearing will take place.

There must be at least 30 working days between the filing date and the presentation date of your application to dismiss the appeal.

Such applications are presented at 9:30 a.m.:

Montreal: every Monday, during the weeks when the Court is sitting (Pierre-Basile Mignault Courtroom).

Quebec City: one Monday a month, during the weeks when the Court is sitting (Courtroom 4.33).

Digital Office of the Court of Appeal (DOCA)

Using DOCA, you must transmit the PDF file of your application on the day the paper version is filed, unless you are exempted from doing so, failing which, its presentation will be postponed to a date determined by the clerk.

Exemption: Self-represented parties who are detained or hospitalized are not required to transmit the PDF file of pleadings, briefs, memoranda or any other document they file on paper.

Book of authorities

If you want to file a book of authorities in support of your application, the PDF file must be filed through DOCA and notified to the other parties at least five working days before the date of presentation of the application before the Court.

Please consult the table published in the subsection Number of copies in paper copy format required for a hearing to determine the number of copies required by the clerk depending on the presentation date of your application and the courtroom in which it will be heard. Please refer to: Book of authorities and hearing.

Outline of the oral argument

The application is contested orally at the hearing. Therefore, no outline of the oral argument will be accepted.

Decorum

Whether the hearing is held in person or by technological means, sober attire is required.

Guide to best practices

1. Before filing your application to dismiss the appeal, verify that it satisfies all the requirements mentioned in the checklist available on the Court’s website and at the Court office.
2. To reduce the risk of errors, use the model pleadings in Word format prepared by the Court and made available on the Court’s website.
3. Before indicating a date in the notice of presentation, consult the available hearing dates at Calendars of hearing dates of applications and reserve a presentation date by calling the Court office.
4. Make sure to attach all exhibits necessary to support your application addressed to the Court.

Avoid these frequent reasons for refusal

• You did not file a representation or non‑representation statement (s. 38 R.C.A.Q.Civ.M.).
• Your application was not validly notified.
• Your application exceeds the 10-page maximum.
• The number of copies of the application is insufficient.
• Your application was transmitted only by email, by fax or through DOCA without paper copies (except for originating appellate pleadings).

Useful links and resources

Please read the applicable provisions, including:

Articles 364 to 366 and 377 C.C.P.

Sections 9, 39 to 41 and 65 to 75 R.C.A.Q.Civ.M.

Purpose

An application presented before the clerk must be filed on paper and must therefore be in writing.

It cannot exceed10 pages, which excludes the designation of the parties and the conclusions sought.

The clerk may refer an application to a judge or to the Court (panel of three judges).

Examples

• Application for the extension of the time limit for filing (the brief or memorandum) (arts. 84 and 373 C.C.P.)
• Application for the consolidation of appeals
• Application for the separation of appeals
• Application for the authorization to file a supplementary statement
• Application to cease representing
• Application for a substitution of lawyer

Notification/Filing

You must notify your application addressed to the clerk to the other parties, either (i) by technological means or (ii) by delivering one paper copy of the notice, and file it at least two working days before its presentation date.

Number of copies of an application presented before the clerk

You must file two paper copies of your application, together with:

• one copy of the proof of notification to the other parties;
• an express statement of confidentiality (if applicable) under the court record number;
• an affidavit, if required;
• a notice of presentation; and
• all the documents required for its adjudication.

Reservation

No reservation is required to present an application addressed to the clerk.

Notice of presentation

Every application must be accompanied by a notice of presentation stating, in particular, the date and time it is to be presented and the courtroom in which the hearing will take place.

There must be at least two working days between the filing date and the presentation date of your application addressed to the clerk.

Such applications are presented from Monday to Friday at 9:00 a.m.

Montreal: Courtroom RC-18 / Quebec City: Courtroom 4.30.

Digital Office of the Court of Appeal (DOCA)

Using DOCA, you must transmit the PDF file of your application on the day the paper version is filed, unless you are exempted from doing so.

Exemption: Self-represented parties who are detained or hospitalized are not required to transmit the PDF file of the book of authorities, pleadings, briefs, memoranda or any other document they file on paper.

Book of authorities

If you want to file a book of authorities in support of your application, you must file and notify it as soon as possible before the presentation date of the application. Please refer to: Book of authorities and hearing.

Outline of the oral argument

The application is contested orally at the hearing. Therefore, no outline of the oral argument will be accepted.

Decorum

Whether the hearing is held in person or by technological means, sober attire is required.

Guide to best practices

1. Before filing your application addressed to the clerk, verify that it satisfies all the requirements mentioned in the checklist available on the Court’s website and at the Court office.
2. Make sure to attach all exhibits necessary to support your application addressed to the clerk.

Avoid these frequent reasons for refusal

• You did not file a representation or non‑representation statement (s. 38 R.C.A.Q.Civ.M.).
• Your application was not validly notified.
• Your application exceeds the 10-page maximum.
• The number of copies of the application is insufficient.
• Your application was transmitted only by email, by fax or through DOCA without paper copies.

Useful links and resources

Please read the applicable provisions, including:

Articles 101 para. 3, 377 and 378 C.C.P.

Sections 8, 9, 13, 36 and 64 to 75 R.C.A.Q.Civ.M.