TITLE II APPEAL

491. Saving contrary provisions of the law in respect of certain matters, appeal to the Court of Appeal is subject to the following rules.

1965 (1st sess.), c. 80, a. 491.

492.

The Attorney General may, ex officio, appeal from a final judgment rendered in an action raising a ground of public order, as if he were a party to the action.

When several persons have together lost an action in the pursuit of a common interest, each has the capacity to appeal and to prosecute the appeal, in spite of the inaction of the others or of their decease.

1965 (1st sess.), c. 80, a. 492.

493. When a party dies or becomes incapable, his right of appeal is exercised by his legal representatives.

If an appeal is to be brought by the liquidators of a succession and they or some of them are deceased or have been replaced, the appeal is brought by the liquidators then in office.

1965 (1st sess.), c. 80, a. 493; 1992, c. 57, s. 284.

494. An application for leave to appeal in the cases contemplated in the second paragraph of article 26 and in article 511 must be presented by motion accompanied by a copy of the judgment and of the documents of the contestation, if they are not reproduced in the judgment. It must indicate the duration of the proof and hearing in first instance, the conclusions sought by the appellant and a detailed statement of the grounds which the appellant intends to set up.

The detailed statement of the grounds must refer to the documentary evidence or the testimonies in respect of which the appellant claims that the judge in first instance committed a manifest error. It must also state in what way the errors of law or fact found are significant to the point of invalidating the judgment in first instance.

The motion must be served on the adverse party and filed with the office of the court within 30 days of the date of judgment or, in the case of an application for leave to appeal from a judgment ruling on a motion to quash a seizure before judgment, within 10 days of the date of judgment; it must be presented to a judge of the Court of Appeal as soon as possible.

If the application is granted, the judgment authorizing the appeal shall stand for the inscription in appeal. The clerk of appeals shall transmit a copy of the judgment without delay to the judge whose judgment is appealed from and to the office of the court in first instance; he shall also transmit a copy, without delay, to the parties or their attorneys.

Every other appeal must be brought within 30 days of the date of judgment unless in the case of subparagraph 2 of the first paragraph of article 26 a shorter time is prescribed in another Act.

Such time limits are peremptory and their expiry extinguishes the right of appeal.

However, if a party dies before the expiry of such time without having appealed, the time limit for appeal runs against his legal representatives only from the day when the judgment is served upon them, which may be done in accordance with the provisions of article 133.

The time limit for appeal runs against a party condemned by default only from the expiry of the time within which he could demand the revocation of the judgment.

1965 (1st sess.), c. 80, a. 494; 1969, c. 80, s. 9; 1982, c. 32, s. 35; 1983, c. 28, s. 19; 1989, c. 41, s. 1; 1992, c. 57, s. 285; 1993, c. 30, s. 6; 1995, c. 2, s. 3; 1995, c. 39, s. 3; 1999, c. 40, s. 56; 2002, c. 7, s. 91.

495. The appeal is brought by depositing at the office of the court of first instance, within the time limit provided by article 494, a duplicate and two copies of an inscription which has been served upon the adverse party or his attorney.

If the adverse party is not represented by attorney, and impossibility of service is established in conformity with article 123, a judge of the court of first instance may prescribe a different mode of service and, if necessary, permit that it be effected even after the expiry of the time limit for appeal.

1965 (1st sess.), c. 80, a. 495; 1979, c. 37, s. 16; 1999, c. 40, s. 56.

495.1. Without prejudice to the right to appeal in the manner and within the time prescribed by articles 494, 495 and 495.2, any appeal from a judgment in an action in warranty or in a recursory action must be brought, in the manner prescribed by articles 494, 495 and 495.2, within 10 days from the filing, at the office of the court of first instance, of the judgment authorizing the appeal from the judgment in the initial action or of the inscription in appeal from the judgment in the initial action.

1993, c. 30, s. 7.

495.2. If the appellant or his attorney intends to use a deposition in support of the appeal, the appeal is regularly brought only if the appellant or his attorney causes to be served on the adverse party or his attorney and files at the office of the court, within 45 days after the judgment appealed from or, in the case of an appeal with leave, within 15 days after the judgment authorizing the appeal, a written statement in which he or his attorney certifies that he has directed a stenographer to transcribe the stenographic notes. The second paragraph of article 495 applies to the service of the statement.

1993, c. 30, s. 7; 2002, c. 7, s. 92.

496. The inscription in appeal must contain the description of the parties, the name of the court that rendered the judgment, the date of judgment, the duration of the proof and hearing in first instance, the conclusions sought by the appellant and a detailed statement of the grounds he intends to set up.

The detailed statement of the grounds must refer to the documentary evidence or the testimonies in respect of which the appellant claims that the judge in first instance committed a manifest error.

Where the appellant is unable to state in detail all the grounds he intends to set up within the time prescribed in article 494, a judge of the Court of Appeal may, on a motion, where so justified by serious reasons, authorize the filing of an additional statement within such time as he determines.

1965 (1st sess.), c. 80, a. 496; 1979, c. 37, s. 17; 1993, c. 30, s. 8.

496.1. Unless otherwise provided, every application presented in court must be accompanied with a notice of the date of presentation and must have been served at least five clear juridical days before that date, except in case of urgency, where a judge of the court may reduce that period.

1993, c. 30, s. 9.

497. Saving the cases where provisional execution is ordered and where so provided by law, an appeal regularly brought suspends the execution of judgment.

However, a judge of the Court of Appeal may, on a motion, for a special reason other than those set out in subparagraphs 4.1 and 5 of the first paragraph of article 501, order the appellant to furnish, within the time fixed in the order, security in a specified amount to guarantee in whole or in part the payment of the costs of appeal and the amount of the condemnation, if the judgment is upheld.

If the appellant does not furnish security within the fixed time, a judge of the Court of Appeal may, upon motion, dismiss the appeal.

1965 (1st sess.), c. 80, a. 497; 1979, c. 37, s. 18; 1982, c. 32, s. 36; 1993, c. 30, s. 10; 1999, c. 40, s. 56; 2002, c. 7, s. 93.

498. As soon as the inscription in appeal is filed, the clerk must transmit the original of the inscription and a certified copy of the plumitif to the Appeal Office at Quebec or Montreal, as the case may be, and a copy of the inscription to the judge whose judgment is appealed from.

The clerk must, at the request of a judge of the Court of Appeal, transmit without delay the record of the case to the Appeal Office together with a list of the documents therein and a copy of the entries made in the registers.

1965 (1st sess.), c. 80, a. 498; 1979, c. 37, s. 19; 1992, c. 57, s. 420; 1995, c. 39, s. 4.

499. Within 10 days following receipt at the Appeals Office of the inscription or, as the case may be, within 10 days following receipt by the respondent of the copy of the judgment authorizing the appeal, the respondent must file a written appearance with the Appeals Office.

Before such appearance, the proceedings intended for the respondent may be served upon the attorney who represented the respondent in the court of first instance, failing a provision of law which requires service on the party himself.

1965 (1st sess.), c. 80, a. 499; 1982, c. 32, s. 37; 1989, c. 41, s. 2.

500. Without prejudice to his right to bring an appeal himself in the manner and within the time limit prescribed by articles 494, 495 and 495.2, the respondent may make an incidental appeal, without formality other than a declaration, served on the adverse party and filed at the same time as his written appearance, that he will demand the reversal, in his favour, of the judgment appealed from. Such declaration must set out the conclusions sought by the respondent and a detailed statement of the means he intends to set up.

1965 (1st sess.), c. 80, a. 500; 1979, c. 37, s. 20; 1993, c. 30, s. 11.

501. Within 10 days following the expiration of the time fixed for appearance, the respondent may by motion ask for the dismissal of the appeal by reason of:

(1) an irregularity in the bringing of the appeal, when it causes him a prejudice;

(2) the non-existence or forfeiture of the right of appeal;

(3) acquiescence in the judgment appealed from;

(4) renunciation of the judgment;

(4.1) the fact that the appeal has no reasonable chance of success;

(5) its improper or dilatory nature.

Instead of dismissing the appeal for a reason set out in subparagraph 4.1 or 5 of the first paragraph, the Court may subject the appeal to such conditions as it may determine, particularly that the appellant furnish security pursuant to article 497.

The Court may dismiss a motion for a reason set out in subparagraph 4.1 or 5 of the first paragraph without hearing the parties.

Service of a motion requesting the dismissal of the appeal suspends the 45-day period prescribed by article 495.2 for the provision of a statement certifying that a stenographer has been directed to transcribe the notes, until the decision on the motion.

The irregularity of the appeal for any of the grounds provided in subparagraphs 2, 3, 4, 4.1 and 5 of the first paragraph is not covered by the mere failure to invoke it within the time fixed; but if an appeal is dismissed on a motion made beyond such time, the costs shall be the same as if it had been made within the time fixed, unless the court otherwise decides.

1965 (1st sess.), c. 80, a. 501; 1982, c. 32, s. 38; 1995, c. 2, s. 4; 1999, c. 40, s. 56; 2002, c. 7, s. 94; 2002, c. 54, s. 3.

502. At any stage of the case, the court or, between sessions, one of its judges, may permit the correction, within such time and under such conditions as it or he may determine, of any irregularity whatever in the procedure of appeal, provided, however, that the inscription in appeal has been duly served and filed.

1965 (1st sess.), c. 80, a. 502; 1999, c. 40, s. 56.

503. Within 120 days of the filing of the inscription or of the judgment rendered on a demand made under article 501, the appellant must file seven copies of his factum in the office of the court and serve two copies of it on the respondent.

1965 (1st sess.), c. 80, a. 503; 1979, c. 37, s. 21; 1982, c. 32, s. 39; 1993, c. 30, s. 12.

503.1. Where the factum is not served and filed within the time prescribed by article 503, the appeal is deemed abandoned unless an application for an extension is served and filed at the office of the court by the appellant before the expiry of the prescribed time. The extension may be granted, on a motion, by a judge of the Court of Appeal for a period which, barring exceptional circumstances owing to the nature of the case, may not exceed 30 days.

Where the appellant has not, within the allotted time, filed and served his factum and no application for an extension, or motion under article 505.1, is pending, the clerk of the Court of Appeal shall record the default and issue a certificate stating that the appeal is abandoned with costs.

1979, c. 37, s. 21; 1982, c. 32, s. 40; 1993, c. 30, s. 13; 1995, c. 2, s. 5.

503.2. (Replaced).

1979, c. 37, s. 21; 1982, c. 32, s. 40; 1993, c. 30, s. 13; 1995, c. 2, s. 5.

503.3. (Replaced).

1979, c. 37, s. 21; 1982, c. 32, s. 40; 1993, c. 30, s. 13; 1995, c. 2, s. 5.

504. When more than one party has appealed from the same judgment, all appeals are joined.

1965 (1st sess.), c. 80, a. 504; 1979, c. 37, s. 22; 1982, c. 32, s. 41.

504.1. Within 90 days of the filing in the office of the court of his factum by the appellant, the respondent must file seven copies of his factum and serve two copies thereof on the appellant.

1982, c. 32, s. 42; 1995, c. 2, s. 6.

505. Where the respondent does not file his factum within the time prescribed by article 504.1, he is foreclosed from filing it unless an application for an extension is served and filed at the office of the court by him before the expiry of the prescribed time. The extension may be granted, on a motion, by a judge of the Court of Appeal for a period which, barring exceptional circumstances owing to the nature of the case, may not exceed 30 days.

Where the respondent fails to file his factum within the allotted time, the Court may refuse to hear him. If the respondent makes an incidental appeal but does not act within the time allotted for the filing of his factum, the incidental appeal is deemed abandoned.

1965 (1st sess.), c. 80, a. 505; 1975, c. 83, s. 28; 1979, c. 37, s. 23; 1982, c. 32, s. 43; 1993, c. 30, s. 14; 1995, c. 2, s. 7.

505.1. A judge of the Court of Appeal may, on a motion filed before the expiry of the time prescribed by article 503 and with the consent of the appellant and the respondent, fix another time for the filing of their factums.

1995, c. 2, s. 7.

506. When, notwithstanding his diligence and for a reason not imputable to him, the appellant cannot obtain within a reasonable time the transcript of the stenographer\'s notes, the Court of Appeal may order that the case be restored to the same state as before the trial.

1965 (1st sess.), c. 80, a. 506; 1999, c. 40, s. 56.

507. The parties set out in their factum the subject at issue, their pretensions and conclusions. Each party must attach to his factum a copy of the documents and extracts from the evidence that are necessary to determine the questions at issue.

The appellant must also attach to his factum copy of the proceedings of the joined issue, the judgment appealed from and, where that is the case, the notes filed by the judge or, if they were given orally, the transcription or the translation of the reasons of the judgment.

The factums must be prepared in the manner provided by the rules of practice. They may be prepared and filed in computerized form in whole or in part provided it is agreed by all parties and authorized by a judge of the Court of Appeal.

1965 (1st sess.), c. 80, a. 507; 1975, c. 83, s. 29; 1979, c. 37, s. 24; 1982, c. 32, s. 44; 1999, c. 46, s. 9.

507.0.1. In family matters, written arguments, instead of factums, are filed by the parties together with the other documents relevant to the appeal, according to the procedure prescribed by the Rules of practice of the Court of Appeal in civil matters. The date and time of the appeal hearing are determined by the judge or the clerk, and a schedule for the filing of the arguments and other documents is determined with the parties by the judge or the clerk.

However, a judge of the Court of Appeal may order that the appeal be conducted according to the ordinary rules if, in the judge\'s opinion, it is warranted by the complexity of the case or by special circumstances.

1999, c. 46, s. 10.

507.1. The clerk of appeals must place an appeal on the court roll as soon as it is ready to be so placed.

1979, c. 37, s. 25.

507.2. If the appeal is not ready to be placed on the court roll in the year following the filing of the inscription in appeal, the clerk of appeals gives the attorneys or the party who does not have an attorney a notice of not less than 60 days to the effect that the case has been placed on a special roll.

If the appeal is still not ready to be placed on the court roll on the date fixed in the notice, the chief justice or any other judge he may designate, after giving the parties the opportunity to be heard, declares the appeal abandoned, unless one of the parties submits a valid excuse, in which case he makes such order as he deems appropriate.

1979, c. 37, s. 25; 1982, c. 32, s. 45; 1995, c. 39, s. 5.

508. (Repealed).

1965 (1st sess.), c. 80, a. 508; 1979, c. 37, s. 26.

508.1. A judge may at any time preside a settlement conference to assist the parties in resolving their dispute. The judge enjoys judicial immunity while presiding such a conference. The conference is held in private, at no cost to the parties and without formality.

A settlement conference may only be held at the written joint request of the parties. The filing of such a request suspends the running of the time limits prescribed by this Title.

A settlement conference is confidential and is governed by the rules defined by the judge and the parties. The judge who presides the conference cannot take part in any hearing relating to the matter.

Any transaction resolving the matter is sent by the clerk to a panel of the court so that it may be homologated and rendered enforceable.

2002, c. 7, s. 95.

508.2. At any stage of a proceeding, a judge may, on his or her own initiative or at the request of a party, convene the parties to confer with them on the possibility of better defining the matters really at issue and on possible ways of simplifying proceedings and shortening the hearing.

After giving the parties the opportunity to make representations, the judge may, as appropriate, limit the pleadings and other documents to be filed, shorten or extend the time limits prescribed by this Code, determine time limits, including those for the filing of pleadings and other documents, lift the requirement to file a factum and allow the parties to proceed on the basis of an argumentation plan, and determine a hearing date.

2002, c. 7, s. 95.

508.3. The judge may, on his or her own initiative or at the request of a party, use any appropriate means of communication to hold a settlement conference, provided all parties consent.

2002, c. 7, s. 95.

508.4. A settlement conference is held without formality and requires no prior written documents.

2002, c. 7, s. 95.

508.5. At any time during the proceeding, a party may apply to the chief justice, or to a judge designated by the chief justice, for directions in relation to the appeal.

2002, c. 7, s. 95.

509. In appeal, a judge hears all incidental proceedings provided for in Title IV of Book II to the extent that they are applicable.

In exceptional circumstances, the Court may, if the interests of justice so require, allow a party to adduce, in such manner as the Court directs, indispensable new evidence.

Applications under this article are presented by motion, and the procedure is the same as in first instance, in the absence of rules of practice to the contrary.

During the hearing of such an application, any party may submit relevant evidence, and the judge or the Court, as the case may be, may return the case to the court of first instance so that further proof relating to the application may be made.

If, in the judge\'s opinion, the interests of justice so require, the judge may refer an application to the Court.

1965 (1st sess.), c. 80, a. 509; 1982, c. 32, s. 46; 1999, c. 46, s. 11.

509.1. The clerk of the Court of Appeal may hear motions to cease representing a party and attorney substitution motions as well as motions provided for in articles 496, 503.1 and 505.

If, in the clerk\'s opinion, the interests of justice so require, the clerk may refer a motion to a judge.

A decision rendered by the clerk may be revised by a judge, upon an application setting out the grounds relied on, served upon the adverse party and filed at the office of the court within ten days from the date of the decision. If the decision is quashed, matters are restored to the state in which they were before it was rendered.

1999, c. 46, s. 11.

510. Appeal from a final judgment of the Court of Quebec is subject to the same rules as appeal from a final judgment of the Superior Court.

1965 (1st sess.), c. 80, a. 510; 1988, c. 21, s. 66.

510.1. Where the judgment appealed from reserved the right of the plaintiff to claim additional damages for bodily injury, a judge of the Court of Appeal may, on application and if it is imperative to do so, order the suspension of the hearing of the appeal from the initial judgment for the period and on the conditions he determines, so that the appeal from that judgment and the appeal from the judgment ruling on the application for additional damages be heard jointly.

1992, c. 57, s. 286.

511. An appeal lies from an interlocutory judgment only on leave granted by a judge of the Court of Appeal if he is of opinion that the case is one that is contemplated in article 29 and that the pursuit of justice requires that leave be granted; the judge must then order the continuation or suspension of the proceedings in first instance.

However, an appeal from an interlocutory judgment dismissing an objection to evidence based on article 308 of this Code or on section 9 of the Charter of human rights and freedoms (chapter C-12) is not subject to a leave. Furthermore, the appeal does not suspend the proceedings but the judge of first instance cannot render final judgment or hear the evidence contemplated by the objection until appeal from the interlocutory judgment is decided.

Appeal from an interlocutory judgment is subject to the rules applicable to a final judgment; however, the parties are not required to file a factum, unless a judge decides otherwise. The appeal is heard on the date determined by the judge in cases where leave is required and on the date determined by the clerk in other cases.

1965 (1st sess.), c. 80, a. 511; 1979, c. 37, s. 27; 1982, c. 32, s. 47; 1983, c. 28, s. 20; 1986, c. 55, s. 2; 2002, c. 7, s. 96.

512. A judge of the Court of Appeal, at the request of any party, or the clerk of appeals, with the consent of all the parties, may at any time strike a matter from the court roll and refer the hearing thereof to a later sitting.

1965 (1st sess.), c. 80, a. 512.

513. The court sits with three judges, but the chief justice may increase this number when he deems it proper. Nevertheless, fewer than three judges may open and adjourn the sittings of the court, call the parties, record appearances and defaults and do any acts which do not require the exercise of judicial discretion.

The chief justice may, whenever the dispatch of business so requires, order that the court sit in several divisions at one time, at Quebec or at Montreal.

1965 (1st sess.), c. 80, a. 513.

514. To ensure the proper dispatch of business of the Court of Appeal, the Chief Justice or, in his absence, the senior puisne judge may ask in writing the Chief Justice of the Superior Court to designate one or more judges of that court to sit in the Court of Appeal as judges ad hoc. A judge ad hoc shall have all the powers and duties of a puisne judge of the Court of Appeal.

1965 (1st sess.), c. 80, a. 514; 1987, c. 48, s. 2.

515. A judge cannot hear in appeal a matter that he has judged in first instance.

1965 (1st sess.), c. 80, a. 515.

516. A judgment cannot be rendered unless the majority of the judges who heard the case concur therein.

It may be rendered in open court by the judge who presided over the court at the hearing, even in the absence of the other judges; it may also be deposited at the office of the court, under the signature of at least the majority of the judges who heard the appeal. In all cases, the clerk must without delay give to all the parties notice that judgment has been rendered.

1965 (1st sess.), c. 80, a. 516.

517. If a judge who heard the case is appointed to another court, if he has obtained leave of absence or is absent by reason of sickness or some other circumstance, he may nevertheless participate in the judgment.

The impossibility for any of the judges to make his decision known does not prevent the others from rendering judgment, if they are sufficient in number.

1965 (1st sess.), c. 80, a. 517.

518. When by reason of the absence, disqualification or incapacity of a judge, or for any other reason, a new hearing is required, it may be ordered by the other judges or by any of them.

1965 (1st sess.), c. 80, a. 518.

519. Every judgment must contain, apart from the conclusions, the names of the judges who heard the case, with mention of those who did not share the opinion of the majority, and must adjudicate upon the costs; it must moreover set out reasons for judgment, unless it refers to written opinions that the judges have filed in the record.

1965 (1st sess.), c. 80, a. 519.

520. A judgment in which there is an error in writing or calculation, or any other clerical error, may be corrected by the court, as may likewise be corrected a judgment which, by obvious inadvertence, has granted more than was demanded, or has omitted to adjudicate upon part of the demand.

1965 (1st sess.), c. 80, a. 520.

521. Costs are taxed by the clerk of appeals; the taxation may nevertheless be revised, within 30 days, by a judge of the Court of Appeal, upon motion of which notice must be given to the adverse party. Such revision neither halts nor suspends execution of the judgment.

1965 (1st sess.), c. 80, a. 521.

522. Judgment is executed, for both principal and costs, by the court of first instance, unless there is an appeal to the Supreme Court of Canada.

A copy of the judgment of the Court of Appeal, and the record of the case if the latter was transmitted to the Appeal Office, must be transmitted to the office of the court in which the judgment appealed from was rendered.

1965 (1st sess.), c. 80, a. 522; 1995, c. 39, s. 6.

522.1. The Court of Appeal or one of its judges may, subject to the conditions the Court or the judge deems appropriate, order suspension of the execution of a judgment of the Court, on a motion of a party who establishes his intention to apply for leave to appeal to the Supreme Court of Canada.

1995, c. 2, s. 8.

523. The Court of Appeal may, notwithstanding the expiry of the time allowed by article 494, but provided that more than six months have not elapsed since the judgment, grant special leave to appeal to a party who shows that in fact it was impossible for him to act sooner. However such leave cannot be granted in respect of a judgment rendered in the circumstances contemplated in article 198.1.

1965 (1st sess.), c. 80, a. 523; 1985, c. 29, s. 11; 1999, c. 40, s. 56; 1999, c.46, s. 12; 2002, c. 7, s. 97.

523.1. Where the sole object of an appeal is to obtain an increase in the amount awarded by the judgment or a reduction of the amount of the condemnation, a judge of the Court of Appeal may, on application, order the condemned party to execute the judgment up to the amount that is not under appeal.

1992, c. 57, s. 287.

524. The Court may, ex officio or on motion of a party, declare dilatory or abusive an appeal that it dismisses or declares abandoned.

It may condemn the appellant to pay the damages caused by the appeal if their amount appears in the record or is accepted by the parties.

In other cases, the respondent may, within 60 days of the date of the judgment of the Court of Appeal, claim damages from the appellant, by motion addressed to the Superior Court or the Court of Quebec, according to the amount claimed. Upon receipt of a copy of the motion, the clerk of appeals transmits the record to the office of the court to which the motion is addressed.

1965 (1st sess.), c. 80, a. 524; 1979, c. 37, s. 28; 1988, c. 21, s. 66.