Purpose

Your appeal is initiated when the clerk accepts the filing of the notice of appeal and of the proof of service on the respondent, whether such filing is done at the Court office or through the Digital Office of the Court of Appeal (DOCA).

Notice of appeal and content of the notice

Your notice of appeal must contain the following information:

• the date of the judgment under appeal;
• the place and duration in days of the hearing in first instance;
• the court of first instance and the court record number in first instance as well as, where applicable, the Superior Court record number if the Superior Court sat in appeal;
• the facts and the grounds of appeal stated concisely, in a maximum of 10 pages (the designation of the parties, the confidentiality notices required by s. 9 R.C.A.Q.Civ.M. and the conclusions sought are excluded from the page count);
• your address and, if available, your email address; and
• the name, address and, if available, email address of the respondent and, if applicable, of the other parties and their counsel in first instance.

Your notice of appeal must also include:

• either a statement mentioning that the court record contains no confidential information;
• or
  • under the court record number in first instance, an express statement of confidentiality; and
  • in a paragraph, a clear indication of the confidential content and the legal provision or order on which the confidentiality is based. In the latter case, you must attach a copy of the confidentiality order. For example, this could be an order prohibiting disclosure or circulation under art. 16 C.C.P.;
• a copy of the proof of service on the respondent;
• a copy of the judgment in first instance;
• a copy of the notice of judgment; and
• proof of notification to the office of the court of first instance and to all other interested parties within three working days following the expiry of the time limit to appeal.

Time limit for filing

You must file your notice of appeal within 30 days after:

• the date of the notice of the judgment you wish to appeal OR
• the date of the judgment you wish to appeal, if the judgment was rendered at the hearing.

However, specific statutes may prescribe a different time limit (such as for divorce proceedings or for bankruptcy and insolvency proceedings).

If the time limit has expired or you believe you will not be able to file your notice of appeal before the expiry of the time limit and it has been less than six months since the judgment you wish to appeal was rendered, you can file an application for leave to appeal after the expiry of the time limit with the Court of Appeal (panel of three judges).

Service/Notification

You must serve your notice of appeal by bailiff on the respondent.

Your notice of appeal must be notified:

• to the office of the court of first instance (i) by technological means or (ii) by delivering two paper copies of the notice;
• to the lawyer who represented the respondent in first instance (i) by technological means or (ii) by delivering one paper copy of the notice; and
• to all other interested parties (i) by technological means or (ii) by delivering one paper copy of the notice.

Number of copies

• Notice of appeal: One paper copy.
• Schedules: One copy only.

Digital Office of the Court of Appeal (DOCA)

Since the notice of appeal is an originating appellate pleading (i.e., one that initiates the appeal), you can use DOCA to file your notice of appeal and, where required, your application for leave to appeal after the expiry of the time limit.

In such a case, you must deliver the number of paper copies required (see above) to the Court office no later than five working days after the e-filing, indicating on the paper copies the court record number assigned by the system. Otherwise, the opening of the court record (i.e., court file) may be refused.

Using DOCA, you must transmit the PDF file of your notice of appeal and of all other pleadings, briefs, memoranda and other documents filed.

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.

Unless you are exempted, when you file your notice of appeal and, where applicable, your other applications, at the counter of the Court office, you must also transmit an electronic copy in PDF format through DOCA the same day.

Court costs

You must pay the court costs when filing your notice of appeal.

Please refer to: Court Costs and Bill of Costs in Civil Matters.

Guide to best practices

1. Before filing your notice of 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.

Avoid these frequent reasons for refusal

• Your notice of appeal does not include the proof of service on the respondent.
• Your notice of appeal exceeds the 10-page maximum.

Useful links and resources

Please read the rules for filing an appeal, including:

Articles 352 to 363 C.C.P.

Sections 9, 13, 24 to 26, 29 to 34, 36, 38, 65 and 66 R.C.A.Q.Civ.M.

Purpose

Before appealing certain judgments, you must seek and obtain leave from a judge of the Court of Appeal or from the Court of Appeal itself (panel of three judges).

The application for leave to appeal must be filed at the same time as the notice of appeal.

Application for leave to appeal and content of the application

Every application must include a copy of the documents necessary for its adjudication. For an application for leave to appeal, you must include a copy of the judgment you wish to appeal.

If only a handwritten version of the judgment exists (e.g., a judgment rendered on the minutes of the hearing), you must provide a typed transcription of the judgment, failing which your application for leave to appeal might not be placed on the roll.

Your application for leave to appeal must contain the following information:

• the date of the judgment under appeal;
• the place and duration in days of the hearing in first instance;
• the court of first instance and the court record number in first instance as well as, where applicable, the Superior Court record number if the Superior Court sat in appeal;
• the facts and the grounds of appeal stated concisely, in a maximum of 10 pages (the designation of the parties, the confidentiality notices required by s. 9 R.C.A.Q.Civ.M. and the conclusions sought are excluded from the page count);
• your address and, if available, your email address; and
• the name, address and, if available, email address of the respondent and, if applicable, of the other parties and their counsel in first instance.

Your application for leave to appeal must also include:

• either a statement mentioning that the court record contains no confidential information;
• or
  • under the court record number in first instance, an express statement of confidentiality; and
  • in a paragraph, a clear indication of the confidential content and the legal provision or order on which the confidentiality is based. In the latter case, you must attach a copy of the confidentiality order. For example, this could be an order prohibiting disclosure or circulation under art. 16 C.C.P.;
• an affidavit, if required;
• a notice of presentation;
• a copy of the proof of service on the respondent;
• a copy of the judgment in first instance;
• a copy of the notice of judgment, if applicable; and
• proof of notification to the office of the court of first instance and to all other interested parties within three working days following the expiry of the time limit to appeal.

Examples

• Model in Civil Matters — Application for Leave to Appeal a Judgment Terminating the Proceeding
• Model in Civil Matters — Application for Leave to Appeal a Judgment Rendered in the Course of a Proceeding

Time limit for filing

You must file your application for leave to appeal, together with your notice of appeal, within 30 days after:

• the date of the notice of the judgment you wish to appeal OR

• the date of the judgment you wish to appeal, if the judgment was rendered at the hearing.

However, specific statutes may prescribe a different time limit (such as for divorce proceedings or for bankruptcy and insolvency proceedings).

If the time limit has expired or you believe you will not be able to file your application for leave to appeal before the expiry of the time limit and it has been less than six months since the judgment you wish to appeal was rendered, you can file an application for leave to appeal after the expiry of the time limit with the Court of Appeal (panel of three judges).

We strongly recommend you speak with a lawyer, since the Court office will not comment on appeal deadlines.

Service/Notification

You must serve your application for leave to appeal and your notice of appeal by bailiff on the respondent. You must serve these two pleadings together.

Your application for leave to appeal and your notice of appeal must be notified at least five working days before the presentation date of your application.

You must notify them:

• to the office of the court of first instance (i) by technological means or (ii) by delivering two paper copies of the notice;
• to the lawyer who represented the respondent in first instance (i) by technological means or (ii) by delivering one paper copy of the notice; and
• to all other interested parties (i) by technological means or (ii) by delivering one paper copy of the notice.

Number of copies (application for leave to appeal and schedules)

Before a judge

Two paper copies, with schedules, at least five working days before the presentation date of the application for leave to appeal.

Before the Court

Four paper copies, with schedules, at least ten working days before the presentation date of the application for leave to appeal.

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 for leave to appeal before a judge or before the Court.

No reservation is required to present your application for leave to appeal before a judge.

However, if you want to present your application for leave to 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.

Before a judge

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

Monday to Friday at 9:30 a.m.

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

Before the Court

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

Monday at 9:30 a.m.,
during the weeks when the Court is sitting.

Montreal: Pierre-Basile Mignault Courtroom / Quebec City: Courtroom 4.33

Digital Office of the Court of Appeal (DOCA)

Since the application for leave to appeal is an originating appellate pleading (i.e., one that initiates the appeal), in the same way as a notice of appeal, you can use DOCA to file your application for leave to appeal and your notice of appeal.

In such a case, you must deliver the number of paper copies required (see above) to the Court office no later than five working days after the e-filing, indicating on the paper copies the court record number assigned by the system. Otherwise, the opening of the court record (i.e., court file) may be refused.

Using DOCA, you must transmit the PDF file of your application for leave to appeal and your notice of appeal, as well as all other pleadings, briefs, memoranda and other documents filed.

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.

Unless you are exempted, when you file your application for leave to appeal, your notice of appeal and, where applicable, your other applications, at the counter of the Court office, you must also transmit an electronic copy in PDF format through DOCA the same day.

Court costs

You must pay the court costs when filing your notice of appeal. The courts costs are the same as those for an appeal as of right and are paid only once.

Please refer to: Court Costs and Bill of Costs in Civil Matters.

Book of authorities

If you want to file a book of authorities in support of your application for leave to appeal, the PDF file must be filed through DOCA and notified to the other parties:

Before a judge

At least two working days before the presentation date of the application for leave to appeal.

Before the Court

At least five working days before the presentation date of the application for leave to appeal.

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 for leave to appeal and your notice of appeal, verify that they satisfy 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 presentation 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 for leave to appeal, including the judgment you wish to appeal.

Avoid these frequent reasons for refusal

• Your application for leave to appeal and your notice of appeal do not include the proof of service on the respondent.
• Your application for leave to appeal or your notice of appeal exceeds the 10-page maximum.

Useful links and resources

Please read the rules for filing an appeal, including:

Articles 352 to 363 C.C.P.

Sections 9, 13, 24 to 26, 29 to 34, 36, 38, 65 and 66 R.C.A.Q.Civ.M.

As soon as you file your originating appellate pleading (notice of appeal or application for leave to appeal), the clerk will assign a court record number in appeal.

You must indicate this court record number on all your pleadings and all documents and correspondence addressed to the Court of Appeal.

Purpose

If you are a respondent or another interested party (impleaded party, intervenor), you must file a representation statement indicating that you are represented by a lawyer.

If you are not represented by a lawyer, you must, instead, file a non‑representation statement.

Notification/Filing

You must notify your representation or non‑representation statement to the other parties and file it within 10 days after:

• service of the notice of appeal OR
• notification of the notice of appeal.

However, in a court file in which an application for leave to appeal is attached to the notice of appeal and you are an impleaded party or intervenor, you must notify your representation or non‑representation statement to the other parties and file it within 10 days after one of the following dates, whichever is earlier:

• the date of the judgment granting leave to appeal; or
• the date the judge takes note of the filing of the notice of appeal.

When you file your representation or non‑representation statement, it must be accompanied by (i) a copy of the proof of notification to the other parties and (ii) an express statement of confidentiality (if applicable) under the court record number.

Court costs

You must pay the court costs when filing your representation or non‑representation statement.

Please refer to: Court Costs and Bill of Costs in Civil Matters.

Purpose

To initiate an appeal (principal or incidental), you must file a certificate concerning the transcription of depositions. 

In this certificate, you must indicate, as the case may be:

• that you have instructed an official stenographer to transcribe the depositions you intend to use; or
• that no transcript of a deposition is necessary for the appeal.

Parties who want to avoid transcription costs may agree on a joint statement of facts, which is inserted after Part V of the argument in the appellant’s brief (s. 49 R.C.A.Q.Civ.M.).

Notification/Filing

You must notify your certificate to the other parties and file it:

Appeal as of right

Within 45 days after the date of the judgment you wish to appeal.

Appeal with leave

Within 15 days after

• the date of the judgment granting your application for leave to appeal  OR
• the date the judge takes note of the filing of your notice of appeal.

Incidental appeal

Within 15 days after the expiry of the time limit set out in the 2nd paragraph of article 360 C.C.P. (i.e., 10 days after service of the notice of appeal or the date of the judgment granting leave to appeal).

When you file your certificate, it must be accompanied by (i) a copy of the proof of notification to the other parties and (ii) an express statement of confidentiality (if applicable) under the court record number.

Useful links and resources

Please read the applicable provisions, including:

Articles 353, 357 and 372 C.C.P.

Sections 9 and 35 R.C.A.Q.Civ.M.

Purpose

If a notice of appeal has already been filed in a case in which you are a party and you also want to appeal certain aspects of the decision in first instance, you can initiate an incidental appeal by filing a notice of incidental appeal.

For some judgments, you can also apply to a judge of the Court of Appeal for leave to initiate an incidental appeal. In such a case, your application for leave to initiate an incidental appeal must be filed at the same time as your notice of incidental appeal.

The appeals (the principal appeal and the incidental appeal) will be heard at the same time.

Your notice of incidental appeal must satisfy the same requirements as the notice of appeal in the principal appeal, with the necessary adjustments. In particular, as the incidental appellant, you must file a certificate concerning the transcription of depositions.

Your notice of incidental appeal must contain the following information:

• the date of the judgment under appeal;
• the place and duration in days of the hearing in first instance;
• the court of first instance and the court record number in first instance as well as, where applicable, the Superior Court record number if the Superior Court sat in appeal;
• the facts and the grounds of appeal stated concisely, in a maximum of 10 pages (the designation of the parties, the confidentiality notices required by s. 9 R.C.A.Q.Civ.M. and the conclusions sought are excluded from the page count);
• your address and, if available, your email address; and
• the name, address and, if available, email address of the incidental respondent and, if applicable, of the other parties and their counsel at trial.

Your notice of incidental appeal must also include:

• either a statement mentioning that the court record contains no confidential information;
• or
  • under the court record number in first instance, an express statement of confidentiality; and
  • in a paragraph, a clear indication of the confidential content and the legal provision or order on which the confidentiality is based. In the latter case, you must attach a copy of the confidentiality order. For example, this could be an order prohibiting disclosure or circulation under art. 16 C.C.P.;
• a copy of the proof of service on the incidental respondent;
• a copy of the judgment in first instance;
• a copy of the notice of judgment; and

• proof of notification to the other parties within three working days following the expiry of the time limit for an incidental appeal.

Time limit for filing

You must file your notice of incidental appeal:

• where the principal appeal is as of right, within 10 days after service of the notice of appeal;

• where the principal appeal requires leave, within 10 days after one of the following two dates, whichever is earlier:

  • the date of the judgment granting leave to appeal; or

  • the date the judge takes note of the filing of the notice of principal appeal.

If the time limit has expired or you believe you will not be able to file your notice of incidental appeal before the expiry of the time limit and it has been less than six months since the judgment you wish to appeal was rendered, you can file an application for leave to appeal after the expiry of the time limit with the Court of Appeal (panel of three judges).

We strongly recommend you speak with a lawyer, since the Court office will not comment on appeal deadlines.

Service/Notification

You must serve your notice of incidental appeal by bailiff on the incidental respondent.

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

Number of copies

Notice of appeal: One paper copy.

Schedules: One copy only.

Digital Office of the Court of Appeal (DOCA)

Using DOCA, you must transmit the PDF file of your notice of incidental appeal 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 pleadings, briefs, memoranda or any other document they file on paper.

Court costs

You must pay the court costs when filing your notice of incidental appeal.

Please refer to: Court Costs and Bill of Costs in Civil Matters.

Guide to best practices

1. Before filing your notice of incidental appeal, make sure you have filed a representation or non‑representation statement.
2. Before filing your notice of incidental appeal, verify that it satisfies all the requirements mentioned in the checklist available on the Court’s website and at the Court office.
3. 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.

Avoid these frequent reasons for refusal

• Your notice of incidental appeal does not include the proof of service on the incidental respondent.
• Your notice of incidental appeal exceeds the 10-page maximum.

Useful links and resources

Please read the applicable provisions, including:

Articles 353 and 357 to 360 C.C.P.

Sections 9, 13 and 35 R.C.A.Q.Civ.M.