The Quebec Court of Appeal is the general court of appeal for the province of Quebec.
For more information, please refer to the page About.
The Court of Appeal may hear appeals from judgments in all matters from which an appeal lies throughout Quebec, unless the appeal falls within the jurisdiction of another court.
With some exceptions, the Court of Appeal is charged with hearing appeals from judgments of the province’s lower courts, such as the Court of Québec and the Superior Court. The Court of Appeal therefore hears appeals in most areas of the law, including civil law, criminal law and penal law.
For more information on the Court of Appeal’s jurisdiction, please refer to the page History and Jurisdiction.
Individuals may represent themselves without the assistance of a lawyer. However, a company (i.e., a legal person) must be represented by a lawyer.
Only lawyers are authorized to represent another person.
In all situations, it is highly recommended that you consult a lawyer before instituting appeal proceedings.
Staff at the Court office can inform you about the appeal procedure, but cannot, under any circumstances, provide legal opinions or draft court pleadings.
You can find useful information on the following pages:
In civil matters:
A judgment of a court of first instance is appealed by filing a Notice of Appeal with the office of the Court of Appeal. In some situations, the Notice of Appeal must be filed together with an application asking for permission to appeal, which is referred to as an Application for Leave to Appeal.
For more information, please refer to section How to institute an appeal in Civil Matters.
In criminal matters:
A judgment on guilt is appealed by filing with the office of the Court of Appeal a Notice of Appeal or an application asking for permission to appeal, which is referred to as an Application for Leave to Appeal.
A judgment on sentencing is appealed by filing with the office of the Court of Appeal an application asking for permission to appeal, which is referred to as an Application for Leave to Appeal.
For more information, please refer to section How to institute an appeal in Criminal Matters.
In civil matters:
In addition to the bailiff’s fees and the costs for the preparation of briefs, there are court fees.
For more information, please refer to the page Court Costs and Bill of Costs in Civil Matters.
In criminal and penal matters:
Other than the fees for transcripts, there are no court fees in criminal matters.
Appeals in provincial penal matters are subject to the fees set out in the Tariff of court costs in penal matters (CQLR, c. C-25.1).
For more information, please refer to the page Court Costs in Criminal and Penal Matters.
Generally speaking, the time limit for appealing is 30 days from the date of the judgment you want to appeal or from the date of the notice of that judgment. However, specific statutes may prescribe a different time limit.
For more information, please refer to the following sections: How to institute an appeal in Civil Matters or How to institute an appeal in Criminal Matters.
In civil matters:
Time limits vary depending on whether the case proceeds on the standard track or the fast track. Here are the main steps:
- Filing of the briefs or memoranda;
- Setting down for hearing;
After the briefs or memoranda are filed, the case is considered ready to be placed on the hearing roll. The date on which the case is scheduled to be heard will vary depending on the nature of the case. If the matter is considered a priority (for example, family matters), the waiting time for a hearing is shorter. If the matter is an ordinary one, it can take approximately 6 to 12 months to be heard.
- Hearing;
- Judgment.
The Court may rule from the bench, i.e., at the hearing, or after having taken time to deliberate on the matter. In the latter situation, the judgment may be rendered in the following weeks or even months, depending on the complexity of the case.
In criminal and penal matters:
The process is essentially the same as in civil matters:
- Transcript of the trial proceedings and copy of the exhibits;
- Filing of the briefs or memoranda;
- Readying the appeal for hearing;
- Hearing;
- Judgment.
In civil matters, you must meet deadlines for:
- filing a representation statement (done by the other parties);
- filing the certificate certifying that no transcript of depositions is necessary for the appeal or stating that you have given instructions to an official stenographer for the transcription of the depositions that are relevant for purposes of the appeal;
- filing an incidental appeal (done by the other parties, as necessary);
- filing an application (motion) before the Court, a judge or a clerk;
- filing the brief or memorandum;
filing a book of authorities.
In criminal and penal matters, you must mett deadlines for:
- filing a written appearance (done by the other parties);
- filing the form entitled Application for a transcript of the proceedings and the reproduction of exhibits (SJ-980A or SJ-1187A); to access the form, please refer to the page Forms in Criminal and Penal Matters;
- filing an application (motion) before the Court, a judge or a clerk;
- filing the brief or memorandum;
- filing a book of authorities.
- Respect the filing deadlines set out in the Court’s rules.
- Before filing a pleading or other document, verify that it complies with all the requirements mentioned in the Models and Checklists in Civil Matters or in the Models and Checklists in Criminal and Penal Matters that are available on the Court’s website and at the Court office.
- Don’t wait to take the necessary steps to obtain the transcript of the trial hearing and the reproduction of the exhibits required for your appeal.
- If necessary, promptly ask for a time limit extension.
In certain cases, you can consider appealing to the Supreme Court.
You can access the Supreme Court website at www.scc-csc.gc.ca.
The brief is a document filed by each party and consisting of a written argument as well as three schedules that include the documents required by the Regulation of the Court of Appeal of Quebec in Civil Matters, the Rules of the Court of Appeal of Quebec in Criminal Matters or the Regulation of the Court of Appeal of Quebec in Penal Matters.
The memorandum is a document prepared in lieu of a brief in the case of a fast-track appeal. It consists of an argument as well as three schedules and must follow the same rules of presentation as a brief.
For more information, please refer to the following pages: Preparation and Filing Briefs and Memoranda in Civil Matters or Preparation and Filing Briefs and Memoranda in Criminal Matters.
Yes. Parties may reach an amicable settlement at any time.
In addition, parties who are represented by a lawyer may participate in a settlement conference.
For more information, please refer to the page Settlement Conference.
Yes. Nevertheless, those present at a hearing must be dressed appropriately, in accordance with the Rules of the Court of Appeal.
Generally, if you are represented by a lawyer, you do not have the right to be present, unless there is an exception or your presence has been authorized by a judge of the Court.
If you are not represented by a lawyer, you have the right to be present.
In addition, the Court can order that the hearing proceed by videoconference or by any other method that allows the judges and the parties to see each other and communicate simultaneously.
No. No one is permitted to use an electronic device inside a courtroom if the device allows the person to:
- have a conversation or otherwise communicate through the device; or
- take photographs, make a recording or create an image.
In addition, no one is permitted to send or communicate text messages, observations, information, notes, photographs or audio or video recordings from a courtroom to a location outside the courtroom.
For more information, please refer to the Guidelines of the Court of Appeal of Quebec Concerning the Use of Technological Devices in Courtrooms.
- By regularly checking the Court of Appeal website.
- By subscribing to the Court of Appeal newsletter for the latest news. For more information on this subject, please refer to the page Newsletter.