For purposes of your appeal, you must necessarily file a brief or memorandum, as the case may be.

In general, unless otherwise specified or ordered, the document to be filed is:

• a brief;
• a memorandum if the Court, a judge or the clerk requires it as part of a management measure, for example, if you wish to appeal from a judgment rendered in a matter involving:
  • personal integrity;
  • personal status or capacity;
  • habeas corpus;
  • family issues;
  • international child abduction; or
  • a seizure;

or in appeals:

• against a judgment rendered in a non-contentious proceeding; or
• against a judgment rendered in the course of a proceeding.

Relevant excerpts from the evidence and a list of the authorities relied on are attached to the brief or memorandum. The judges hearing the case will review each brief or memorandum before the hearing on the merits.

Content of the appellant's brief*

Argument

Parts I to IV cannot exceed 30 pages, unless a judge decides otherwise.

1. Facts
2. Issues in dispute
3. Submissions
4. Conclusions
5. Authorities (It is in this part that each party sets out its list of authorities.)

Schedules

The three schedules include, in particular:

• Schedule I: The judgment under appeal (including the reasons given) and, in the case of an appeal from a judgment that decides an application for judicial review or an appeal, the impugned decision.
• Schedule 2:
  • i. the notice of appeal, and, if applicable, the application for leave to appeal and the judgment granting the application or referring it to the Court, as the case may be;
  • ii. the pleadings before the court of first instance that are relevant to the appeal and the minutes of the hearing in first instance;
  • iii. when the judgment under appeal to the Court decides an application for judicial review or an appeal, the pleadings or application before the lower court, person or body in question;
  • iv. all applicable statutory and regulatory provisions.
• Schedule 3: The exhibits and depositions necessary for the Court to decide the issues in dispute.

* See: Model in Civil Matters — Appellant’s Brief or Memorandum (civil); Model in Civil Matters — Respondent’s Brief or Memorandum (civil).

Content of the appellant's memorandum*

Argument

Parts I to IV cannot exceed 10 pages, unless the Court or a judge orders otherwise.

1. Facts
2. Issues in dispute
3. Submissions
4. Conclusions
5. Authorities

Schedules

The three schedules include, in particular:

• Schedule 1: The judgment under appeal (including the reasons given) and, in the case of an appeal from a judgment that decides an application for judicial review or an appeal, the impugned decision.
• Schedule 2:
  • i. the notice of appeal, and, if applicable, the application for leave to appeal and the judgment granting the application or referring it to the Court, as the case may be;
  • ii. the pleadings before the court of first instance that are relevant to the appeal and the minutes of the hearing in first instance;
  • iii. when the judgment under appeal to the Court decides an application for judicial review or an appeal, the pleadings or application before the lower court, person or body in question;
  • iv. all applicable statutory and regulatory provisions.
• Schedule 3: The exhibits and depositions necessary for the Court to decide the issues in dispute.

* See: Model in Civil Matters — Appellant’s Brief or Memorandum (civil); Model in Civil Matters — Respondent’s Brief or Memorandum (civil).

Incidental appeal

If there is an incidental appeal, the argument in the respondent’s brief (or memorandum) contains two parts:

1. the reply to the principal appeal (as respondent); and
2. the argument as incidental appellant.

The title of the brief (or memorandum) of the respondent/incidental appellant is:

• Respondent/Incidental Appellant’s Brief (or Memorandum).

The incidental respondent can reply to the incidental appeal by preparing a brief (or memorandum) that contains only one part:

1. Reply to the incidental appeal.

The title of the brief (or memorandum) of the incidental respondent is:

• Incidental Respondent’s Brief (or Memorandum).

Notification/Filing

You must file five paper copies of your brief or memorandum and notify it to the other parties having filed a representation or non‑representation statement, which notification is made (i) by technological means only, if the other parties have so consented, or (ii) by delivering one paper copy of the brief or memorandum, the whole within the time limits set out below.

You must also file proof of notification of your brief or memorandum to the other parties within three working days after its filing.

Notification and filing time limit

Appellant Party

• Within three months of the date of filing of the notice of appeal (appeal as of right); OR
• Within three month of the date of the judgment authorizing the appeal (appeal with leave); OR
• within the time limit specified in an appeal management decision made by a judge of the Court; OR, WHERE APPLICABLE
• within three months after the suspension of three-month time limit is lifted following a judgment dismissing the application to dismiss the appeal.

Respondent Party

• Within two months after the appellant’s brief is filed; OR
• within the time limit specified in an appeal management decision made by a judge of the Court.

Incidental Appellant Party

• Within two months after the appellant’s brief is filed; OR
• within the time limit specified in an appeal management decision made by a judge of the Court.

Incidental Respondent Party

• Within two months after notification of the incidental appellant’s brief; OR
• within the time limit specified in an appeal management decision made by a judge of the Court.

Other Parties (Impleaded Parties or Intervenors)

• Within four months after notification of the appellant’s brief; OR
• within the time limit specified in an appeal management decision made by a judge of the Court.

The same time limits apply to a party’s memorandum, unless the Court, the judge or the clerk establishes different time limits.

You can apply to the clerk or a judge for an extension of the time limit, before its expiry, by notifying to the other parties and filing with the Court office an application for the extension of the time limit for filing a brief or memorandum.

Digital Office of the Court of Appeal (DOCA)

Using DOCA, you must transmit the PDF file of your brief or memorandum within five working days after the paper version is filed.

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.

Guide to best practices

1. Be concise when writing your brief or memorandum.
2. Verify that your brief or memorandum 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

• You filed your brief or memorandum after the expiry of the time limit.
• You did not file a representation or non‑representation statement (s. 38 R.C.A.Q.Civ.M.).
• The brief exceeds the 30-page maximum (or the maximum set by order of the judge or the Court).
• The memorandum exceeds the maximum number of pages permitted.

If you are the appellant and you do not file your brief or memorandum within the filing time limit, your appeal will lapse. The appellate clerk will issue a certificate of lapse of appeal, unless you present an application for an extension before a judge.

If the respondent or any other party does not file and notify its brief (or memorandum) within the allotted time, the clerk will issue a certificate of foreclosure. The matter will nevertheless be set down for a hearing. However, the respondent or other party cannot be heard at the hearing unless so authorized by the Court.

In all cases, if the defaulting party provides a valid justification, the Court will issue the order it deems appropriate.