TITLE II THE COURTS

CHAPTER I

JURISDICTION OF THE COURTS

SECTION I

GENERAL PROVISIONS

22. The courts under the legislative authority of Quebec which have jurisdiction in civil matters are:

(a) the Court of Appeal;

(b) the Superior Court;

(c) the Court of Quebec;

(d) (paragraph replaced);

(e) the municipal courts.

1965 (1st sess.), c. 80, a. 22; 1978, c. 19, s. 45; 1988, c. 21, s. 76.

23. The jurisdictions of the Court of Appeal, the Superior Court and the Court of Quebec extend throughout Quebec; the jurisdiction of a municipal court is limited to a designated territory.

1965 (1st sess.), c. 80, a. 23; 1978, c. 19, s. 46; 1980, c. 11, s. 46; 1988, c. 21, s. 77.

24. The courts under the legislative authority of the Parliament of Canada which have jurisdiction in civil matters in Quebec are the Supreme Court of Canada and the Federal Court of Canada.

The jurisdiction of these courts and the procedure to be followed therein are set out in the laws of the Parliament of Canada.

1965 (1st sess.), c. 80, a. 24; 1979, c. 37, s. 5.

SECTION II

COURT OF APPEAL

25. The Court of Appeal is the general appeal tribunal for Quebec; it hears appeals from any judgment from which an appeal lies, failing an express provision to the contrary.

1965 (1st sess.), c. 80, a. 25.

26. Unless otherwise provided, an appeal lies

(1) from any final judgment of the Superior Court or the Court of Quebec, except in a case where the value of the object of the dispute in appeal is less than $50,000;

(2) from any final judgment of the Court of Quebec in a case where such court has exclusive jurisdiction under any Act other than this Code;

(3) from any final judgment rendered in matters of contempt of court for which there is no other recourse;

(4) from any judgment or order rendered in matters of adoption;

(5) from any final judgment rendered in matters concerning confinement in an institution or psychiatric assessment;

(6) from any judgment or order rendered in the following matters:

(a) changes made to the register of civil status;

(b) tutorships to minors or absentees and declaratory judgments of death;

(c) tutorship councils;

(d) protective supervision of persons of full age and the homologation of a mandate given by a person in anticipation of his incapacity.

(7) (paragraph replaced);

(8) (paragraph replaced).

An appeal also lies, with leave of a judge of the Court of Appeal, when the matter at issue is one which ought to be submitted to the Court of Appeal, particularly where, in the opinion of the judge, the matter at issue is a question of principle, a new issue or a question of law that has given rise to conflicting judicial precedents,

(1) from any judgment or order rendered under the provisions of Book VI of this Code;

(2) from any judgment ruling on a motion to quash a seizure before judgment;

(3) from any judgment or order rendered in matters concerning execution;

(4) from any judgment rendered under article 846;

(4.1) from any judgment that dismisses an action because of its improper nature;

(5) from any other final judgment of the Superior Court or the Court of Quebec.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6; 1982, c. 17, s. 3; 1982, c. 32, s. 31; 1984, c. 26, s. 2; 1988, c. 21, s. 66; 1992, c. 57, s. 176; 1993, c. 30, s. 2; 1993, c. 72, s. 1; 1995, c. 2, s. 1; 1997, c. 75, s. 34; 1999, c. 46, s. 1; 2002, c. 7, s. 3; 2009, c. 12, s. 1.

26.0.1. Where leave to appeal has already been given by a judge or an appeal has already been brought by a party to the proceeding under one of the provisions of this section, any other party may bring an appeal as of right.

2002, c. 7, s. 4.

26.1. A judgment awarding damages for bodily injury is a final judgment even if it reserves the right of the plaintiff to apply for additional damages.

In determining the value of the object of the dispute in appeal from the judgment ruling on an application for additional damages, account is taken only of the application for additional damages.

1992, c. 57, s. 177.

27. In determining the value of the object of the dispute in appeal for the purposes of article 26, account shall be taken of interest accrued on the date of the judgment in first instance and of the indemnity referred to in article 1619 of the Civil Code, but not of costs.

1965 (1st sess.), c. 80, a. 27; 1969, c. 80, s. 1; 1993, c. 30, s. 3.

28. (Repealed).

1965 (1st sess.), c. 80, a. 28; 1993, c. 30, s. 4.

29. An appeal also lies, in accordance with article 511, from an interlocutory judgment of the Superior Court or the Court of Quebec but, as regards youth matters, only in a matter of adoption:

(1) when it in part decides the issues;

(2) when it orders the doing of anything which cannot be remedied by the final judgment; or

(3) when it unnecessarily delays the trial of the suit.

However, an interlocutory judgment rendered during the trial cannot be appealed immediately and it cannot be put in question except on appeal from the final judgment, unless it disallows an objection to evidence based upon article 308 of this Code or on section 9 of the Charter of human rights and freedoms (chapter C-12), or unless it allows an objection to evidence.

Any judgment is interlocutory which is rendered during the suit before the final judgment.

1965 (1st sess.), c. 80, a. 29; 1969, c. 80, s. 2; 1969, c. 81, s. 1; 1975, c. 83, s. 4; 1979, c. 37, s. 7; 1982, c. 17, s. 5; 1982, c. 32, s. 32; 1988, c. 21, s. 78; 1992, c. 57, s. 178.

30. Appeals from judgments rendered in the districts of Beauharnois, Bedford, Drummond, Hull, Iberville, Joliette, Labelle, Laval, Longueuil, Megantic, Montreal, Pontiac, Richelieu, Saint-François, Saint-Hyacinthe and Terrebonne are brought before the Court of Appeal sitting at Montreal; those from judgments rendered in the other districts, before the court sitting at Quebec.

1965 (1st sess.), c. 80, a. 30; 1975, c. 10, s. 12; 1978, c. 19, s. 47; 1979, c. 15, s. 10; 1985, c. 29, s. 4.

SECTION III

SUPERIOR COURT

31. The Superior Court is the court of original general jurisdiction; it hears in first instance every suit not assigned exclusively to another court by a specific provision of law.

1965 (1st sess.), c. 80, a. 31.

32. (Repealed).

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

33. Excepting the Court of Appeal, the courts within the jurisdiction of the Parliament of Quebec, and bodies politic, legal persons established in the public interest or for a private interest within Quebec are subject to the superintending and reforming power of the Superior Court in such manner and form as by law provided, save in matters declared by law to be of the exclusive competency of such courts or of any one of the latter, and save in cases where the jurisdiction resulting from this article is excluded by some provision of a general or special law.

1965 (1st sess.), c. 80, a. 33; 1992, c. 57, s. 179.

SECTION IV

THE COURT OF QUEBEC

34. Except where a recourse is brought under Book IX, the Court of Quebec has jurisdiction to the exclusion of the Superior Court in any suit:

(1) wherein the sum claimed or the value of the thing demanded is less than $70,000, except suits for alimentary pension and those reserved for the Federal Court of Canada;

(2) for specific performance, annulment, dissolution or rescission of a contract or for reduction of the obligations resulting from a contract, when the value of the plaintiff\'s interest in the object of the dispute is less than $70,000;

(3) to annul a lease when the amount claimed for rent and damages is less than $70,000.

When, in answer to an action before the Court of Quebec, a defendant makes a claim which itself would be within the jurisdiction of the Superior Court, the latter court is alone competent to hear the entire case, and the record must be sent to it with the written consent of all the parties or, failing such consent, on an application presented to the judge or the clerk. The same applies when following an amendment to a claim before the Court of Quebec, such claim becomes within the jurisdiction of the Superior Court.

Likewise, where, following an amendment to a claim before the Superior Court, the claim becomes within the jurisdiction of the Court of Quebec, the latter court is alone competent to hear the entire case and the record must be sent to it with the written consent of all the parties or, failing such consent, on an application presented to the judge or the clerk unless, if it so happens, the defendant makes a claim which itself would be within the jurisdiction of the Superior Court.

This article does not apply to an application resulting from the lease of a dwelling or land contemplated in article 1892 of the Civil Code, except where the application consists in a contestation contemplated in article 645 or 656 of this Code.

1965 (1st sess.), c. 80, a. 34; 1969, c. 81, s. 2; 1970, c. 63, s. 1; 1972, c. 70, s. 1; 1978, c. 8, s. 1; 1979, c. 37, s. 8; 1979, c. 48, s. 118; 1982, c. 58, s. 19; 1984, c. 26, s. 3; 1987, c. 63, s. 1; 1988, c. 21, s. 66; 1992, c. 57, s. 180; 1995, c. 2, s. 2; 2002, c. 7, s. 5.

35. Subject to the jurisdiction assigned to the municipal courts, the Court of Quebec also has jurisdiction, to the exclusion of the Superior Court, in all suits, whether personal or hypothecary:

(1) for the recovery of a tax or other sum of money due to a municipality or school board under the Municipal Code (chapter C-27.1) or any general or special Act, or in virtue of any by-law made thereunder; or

(2) (paragraph repealed);

(3) to annul or set aside a valuation roll of immovables which are taxable for municipal or school purposes, whatever be the law governing the municipality or school board concerned.

1965 (1st sess.), c. 80, a. 35; 1981, c. 14, s. 10; 1988, c. 21, s. 66; 1988, c. 84, s. 701; 1992, c. 57, s. 181; 1996, c. 5, s. 2.

36. Notwithstanding any legislative provision inconsistent herewith, the Court of Quebec has exclusive and ultimate jurisdiction in all suits or actions instituted in virtue of Chapter II of Title VI of Book V and relating to the usurpation, holding or unlawful exercise of an office in a municipality or school board, whatever the law governing the same.

The case is heard and decided by a judge of the Court of Quebec when the only matter in dispute is the property qualification of the defendant.

In all other cases, it is heard by three judges of the Court of Quebec designated by the chief judge of such Court whose administrative jurisdiction covers the district in which the action is instituted.

One of the said judges, also designated by such chief judge, presides over the court.

Judgment is rendered by the majority of such judges. It may be rendered in open court, in the absence of the other judges, by the judge who presided over the court, or deposited in the office of the court, under the signature of at least two of them; in the latter case, the clerk must immediately give notice of such deposit to all parties concerned.

In the case of the death, before judgment, of the judge who heard the case, or of his being incapable, on account of any circumstance, of taking part in the judgment when the others agree and are ready to adjudicate, the latter may render judgment.

1965 (1st sess.), c. 80, a. 36; 1988, c. 21, s. 66; 1988, c. 84, s. 701; 1992, c. 57, s. 182; 1999, c. 40, s. 56.

SECTION IV.1

The heading of this section is repealed (1988, c. 21, s. 79).

36.1. The Court of Quebec has jurisdiction, to the exclusion of the Superior Court, in matters respecting adoption.

In other matters respecting youth, the jurisdiction of the Court and the procedure to be followed before the Court are determined by special Acts.

1978, c. 19, s. 48; 1982, c. 17, s. 6; 1988, c. 21, s. 80.

36.2. Pursuant to articles 26 to 31 of the Civil Code, the Court of Quebec is competent to hear, to the exclusion of the Superior Court, any application to obtain that a person refusing to undergo a psychiatric assessment be submitted to such assessment, or that the person be confined against his will in an institution referred to in the Act respecting the protection of persons whose mental state presents a danger to themselves or to others (chapter P-38.001).

In urgent cases, the application may also be made before a judge of the municipal courts of the cities of Montreal, Laval or Quebec having jurisdiction in the locality where the person is.

1992, c. 57, s. 183; 1997, c. 75, s. 35.

SECTION V

MUNICIPAL COURTS

37. The jurisdiction of municipal courts and the powers of justices of the peace are set out in special laws.

1965 (1st sess.), c. 80, a. 37; 1989, c. 52, s. 123.

CHAPTER II

JURISDICTION OF JUDGES AND CLERKS

38. The judge in chambers has jurisdiction over such matters as are assigned to him by law or by the rules of practice.

1965 (1st sess.), c. 80, a. 38.

39. Where in a district there is no judge or the judge is unable to act, the matters provided for in articles 485, 489, 733, 734.0.1, 734.1, 753 and 834.1 may be presented to a judge of another district by any means of communication available to the judge.

1965 (1st sess.), c. 80, a. 39; 1968, c. 84, s. 1; 1986, c. 55, s. 1; 1996, c. 5, s. 3; 2002, c. 54, s. 1.

40. The judge in chambers may refer to the court any matter submitted to him if he considers that the interests of justice so require.

1965 (1st sess.), c. 80, a. 40.

41. The clerk has the competence of a judge in chambers:

(1) in cases where the law expressly so declares;

(2) when the judge is absent or unable to act and delay might result in the loss of a right or cause serious harm.

In matters within his jurisdiction, the clerk has the same powers as the judge.

1965 (1st sess.), c. 80, a. 41; 1992, c. 57, s. 186, s. 420.

42. In the cases provided for by paragraph 2 of article 41 and by articles 583.1, 584, 644 and 659.5, the decision of the clerk may be revised by the judge or the court, upon a demand setting out the grounds relied on, served upon the adverse party and filed at the office of the court within 10 days from the date of the decision attacked.

If the decision is quashed, matters are restored to the state where they were before it was rendered.

1965 (1st sess.), c. 80, a. 42; 1977, c. 73, s. 2; 1980, c. 21, s. 1; 1987, c. 63, s. 2; 1992, c. 57, s. 420.

43. The clerk may also sign the minute of any judgment rendered upon a motion granted by consent.

1965 (1st sess.), c. 80, a. 43; 1992, c. 57, s. 420.

44. The assistant clerk may exercise the powers conferred on the clerk concurrently with the judge, if he has been chosen for that purpose by the clerk with the consent of the Minister of Justice or of a person designated by him.

The assistant clerk who is a special clerk may exercise such powers ex officio.

For carrying out his duties at the trial, taking down the depositions of witnesses, issuing copies of documents in his custody, and generally for all acts which do not require the exercise of judicial or discretionary power, the clerk may be replaced by such members of his staff as he designates.

1965 (1st sess.), c. 80, a. 44; 1977, c. 73, s. 3; 1992, c. 57, s. 420.

44.1. The special clerk rules, in particular:

(1) on any motion, contested or not, for joinder of actions, security, summons of a witness under article 282, communication, filing or dismissal of exhibits, medical examination, particulars, amendment, modification of an agreement under article 151.2, substitution of attorney, appointment of a practitioner or relief from default, or to cease representing, and

(2) on any other interlocutory or incidental proceeding, contested or not but, if contested, with the consent of the parties.

The special clerk may, in the case of applications relating to child custody or obligations of support, homologate any agreement effecting a complete settlement of the matter. Once homologated, such agreements have the same effect and binding force as a judgment of the Superior Court.

In all cases, the decision may be revised by the judge in accordance with the formalities provided in article 42.

1975, c. 83, s. 5; 1976, c. 9, s. 54; 1977, c. 73, s. 4; 1992, c. 57, s. 420; 1994, c. 28, s. 1; 1997, c. 42, s. 2; 2002, c. 7, s. 6.

45. The clerk or the assistant clerk may refer to the judge or to the court any matter submitted to him, if he considers that the interests of justice so require.

In the case of an application referred to in the second paragraph of article 44.1, the special clerk may refer the application to the judge or the court if he considers that the agreement between the parties does not provide sufficient protection for the interests of the children or that a party\'s consent was obtained under duress. He may, to evaluate the agreement or the consent of the parties, summon and hear the parties, even separately, in the presence of their attorneys, if any.

1965 (1st sess.), c. 80, a. 45; 1975, c. 83, s. 6; 1992, c. 57, s. 420; 1997, c. 42, s. 3.

CHAPTER III

POWERS OF COURTS AND JUDGES

SECTION I

GENERAL POWERS

46. The courts and judges have all the powers necessary for the exercise of their jurisdiction.

They may, at any time and in all matters, whether in first instance or in appeal, issue orders to safeguard the rights of the parties, for such time and on such conditions as they may determine. As well, they may, in the matters brought before them, even on their own initiative, issue injunctions or reprimands, suppress writings or declare them libellous, and make such orders as are appropriate to deal with cases for which no specific remedy is provided by law.

1965 (1st sess.), c. 80, a. 46; 2002, c. 7, s. 7.

47. The majority of the judges of each court, either at a meeting convened for the purpose by the chief justice, or by way of a consultation, held and certified by him, by mail, may make, for one or more judicial districts, the rules of practice judged necessary for the proper carrying out of this Code. The majority of the judges of the Superior Court appointed either for the district of Montreal or for the district of Quebec may nevertheless replace, amend or complete such rules by special rules applicable in their respective districts only.

Similarly, the majority of the judges of each court may make tariffs of fees for commissioners and other officers appointed by the court, whose remuneration is not, by law, fixed by the Government; such tariffs must be promulgated in the manner prescribed for rules of practice.

This article does not apply to municipal judges appointed pursuant to the Act respecting municipal courts (chapter C-72.01).

1965 (1st sess.), c. 80, a. 47; 1969, c. 81, s. 3; 1972, c. 70, s. 2; 1975, c. 83, s. 7; 1988, c. 21, s. 81; 1989, c. 52, s. 124.

48. The rules of practice come into force 10 days after publication in the Gazette officielle du Quebec.

Immediately after such publication they must be copied into the registers kept for the purpose by the clerks, and notice thereof must be posted in the office of the court in each of the districts where they apply.

1965 (1st sess.), c. 80, a. 48; 1992, c. 57, s. 420.

48.1. In the case of the Court of Quebec, the rules of practice are made and come into force in accordance with the provisions of the Courts of Justice Act (chapter T-16).

1988, c. 21, s. 82.

SECTION II

POWER TO PUNISH FOR CONTEMPT OF COURT

49. The courts or judges may condemn any person who is guilty of contempt of court.

1965 (1st sess.), c. 80, a. 49.

50. Anyone is guilty of contempt of court who disobeys any process or order of the court or of a judge thereof, or who acts in such a way as to interfere with the orderly administration of justice, or to impair the authority or dignity of the court.

In particular, any officer of justice who fails to do his duty, and any sheriff or bailiff who does not execute a writ forthwith or does not make a return thereof or, in executing it, infringes any rule the violation whereof renders him liable to a penalty, is guilty of contempt of court.

1965 (1st sess.), c. 80, a. 50; 1966, c. 21, s. 3.

51. Except where otherwise provided, anyone who is guilty of contempt of court is liable to a fine not exceeding $5,000 or to imprisonment for a period not exceeding one year.

Imprisonment for refusal to obey any process or order may be repeatedly inflicted until the person condemned obeys.

1965 (1st sess.), c. 80, a. 51.

52. Anyone who is guilty of contempt of court in the presence of the judge in the exercise of his functions may be condemned at once, provided that he has been called upon to justify his behaviour.

1965 (1st sess.), c. 80, a. 52.

53. No one may be condemned for contempt of court committed out of the presence of the judge, unless he has been served with a special rule ordering him to appear before the court, on the day and at the hour fixed, to hear proof of the acts with which he is charged and to urge any grounds of defence that he may have.

The judge may issue the rule ex officio or on application. Service of this rule is not required; it may be presented before a judge of the district where the contempt was committed.

The rule must be served personally, unless for valid reasons another mode of service is authorized by the judge.

1965 (1st sess.), c. 80, a. 53; 1979, c. 37, s. 9.

53.1. The proof submitted to establish contempt of court must leave no possibility of reasonable doubt.

The respondent may not be compelled to testify.

1992, c. 57, s. 188.

54. Judgment is rendered after summary hearing; if it contains a condemnation it must state the punishment imposed and set forth the facts upon which it is based, and in such case it shall be executed in accordance with Chapter XIII of the Code of Penal Procedure (chapter C-25.1).

1965 (1st sess.), c. 80, a. 54; 1990, c. 4, s. 222.

SECTION III

POWER TO IMPOSE SANCTIONS FOR IMPROPER USE OF PROCEDURE

This Section is inserted by section 2 of chapter 12 of the Statutes of 2009 (An Act to amend the Code of Civil Procedure to prevent improper use of the courts and promote freedom of expression and citizen participation in public debate). The preamble to that Act reads as follows:

“AS it is important to promote freedom of expression affirmed in the Charter of human rights and freedoms;

“AS it is important to prevent improper use of the courts and discourage judicial proceedings designed to thwart the right of citizens to participate in public debate;

“AS it is important to promote access to justice for all citizens and to strike a fairer balance between the financial strength of the parties to a legal action;”.

54.1. A court may, at any time, on request or even on its own initiative after having heard the parties on the point, declare an action or other pleading improper and impose a sanction on the party concerned.

The procedural impropriety may consist in a claim or pleading that is clearly unfounded, frivolous or dilatory or in conduct that is vexatious or quarrelsome. It may also consist in bad faith, in a use of procedure that is excessive or unreasonable or causes prejudice to another person, or in an attempt to defeat the ends of justice, in particular if it restricts freedom of expression in public debate.

2009, c. 12, s. 2.

54.2. If a party summarily establishes that an action or pleading may be an improper use of procedure, the onus is on the initiator of the action or pleading to show that it is not excessive or unreasonable and is justified in law.

A motion to have an action in the first instance dismissed on the grounds of its improper nature is presented as a preliminary exception.

2009, c. 12, s. 2.

54.3. If the court notes an improper use of procedure, it may dismiss the action or other pleading, strike out a submission or require that it be amended, terminate or refuse to allow an examination, or annul a writ of summons served on a witness.

In such a case or where there appears to have been an improper use of procedure, the court may, if it considers it appropriate,

(1) subject the furtherance of the action or the pleading to certain conditions;

(2) require undertakings from the party concerned with regard to the orderly conduct of the proceeding;

(3) suspend the proceeding for the period it determines;

(4) recommend to the chief judge or chief justice that special case management be ordered; or

(5) order the initiator of the action or pleading to pay to the other party, under pain of dismissal of the action or pleading, a provision for the costs of the proceeding, if justified by the circumstances and if the court notes that without such assistance the party\'s financial situation would prevent it from effectively arguing its case.

2009, c. 12, s. 2.

54.4. On ruling on whether an action or pleading is improper, the court may order a provision for costs to be reimbursed, condemn a party to pay, in addition to costs, damages in reparation for the prejudice suffered by another party, including the fees and extrajudicial costs incurred by that party, and, if justified by the circumstances, award punitive damages.

If the amount of the damages is not admitted or may not be established easily at the time the action or pleading is declared improper, the court may summarily rule on the amount within the time and under the conditions determined by the court.

2009, c. 12, s. 2.

54.5. If the improper use of procedure results from a party\'s quarrelsomeness, the court may, in addition, prohibit the party from instituting legal proceedings except with the authorization of and subject to the conditions determined by the chief judge or chief justice.

2009, c. 12, s. 2.

54.6. If a legal person or an administrator of the property of another resorts to an improper use of procedure, the directors and officers of the legal person who took part in the decision or the administrator may be ordered personally to pay damages.

2009, c. 12, s. 2.