C-25.01, r. 0.2.3 - Regulation of the Superior Court of Québec in civil matters for the district of Québec

Updated to 16 June 2016

This document has official status.

chapter C-25.01, r. 0.2.3

Regulation of the Superior Court of Québec in civil matters for the district of Québec

Code of Civil Procedure

(chapter C-25.01, a. 63).

DIVISION I APPLICATION

1. This Regulation sets out the practice for the district of Québec to ensure that the procedure established, in particular, by the Code of Civil Procedure (chapter C-25.01) is properly complied with.

Decision 2016-05-20, s. 1.

DIVISION II ADMINISTRATION

2. The civil section of the Court has four chambers: the civil chamber, the family chamber, the administrative chamber and the commercial chamber.

Decision 2016-05-20, s. 2.

3. The associate chief justice coordinates, apportions and supervises the work of the judges designated, by the associate chief justice, to sit in each chamber of the civil section.

Decision 2016-05-20, s. 3.

4. The associate chief justice designates a judge to perform certain duties delegated to that judge as

— the coordinating judge for the district of Québec;

— the judge responsible for the family chamber;

— the judge responsible for the administrative chamber;

— the judge responsible for the commercial chamber;

— the judge responsible for lengthy cases;

— the judge responsible for class actions;

— the judge responsible for settlement conferences.

The judges responsible for lengthy cases, class actions and settlement conferences are also responsible for those activities in the other districts in the division of Québec.

Decision 2016-05-20, s. 4.

5. The coordinating judge and the judges responsible see to the application of the directives of the associate chief justice.

Decision 2016-05-20, s. 5.

6. The associate chief justice may designate any other judge to perform the duties that the associate chief justice determines, as the associate chief justice considers necessary for the proper operation of the Court.

Decision 2016-05-20, s. 6.

DIVISION III GENERAL PROVISIONS

CONFIDENTIAL EXHIBIT

7. A party desiring that access to a medical record or an expert report on a physical, mental or psychosocial condition be restricted must file it at the court office in a sealed envelope, identified like the backing of a pleading, and marked “Restricted access”.

A medical record or an expert report on a physical, mental or psychosocial condition that is filed in the record of the Court is kept in a sealed envelope. Only persons referred to in the second paragraph of article 16 of the Code of Civil Procedure (chapter C-25.01), or persons authorized by the Court, may have access to it. Access to such a document includes the right to make copies of it at the person’s expense.

Decision 2016-05-20, s. 7.

ORAL DEFENCE

8. The grounds of an oral defence raised in a case protocol may, where necessary, be completed at a case management conference held within 50 days of the filing of the protocol, or by the filing of a brief statement within 30 days after the date on which the case protocol is accepted or established by the Court.

Decision 2016-05-20, s. 8.

TRIAL BEGUN

9. A trial which has begun must be terminated without delay.

Decision 2016-05-20, s. 9.

DIVISION IV CIVIL CHAMBER

JOINDER OF PROCEEDINGS

10. An application for the joinder of proceedings must be notified to all the parties in all the proceedings concerned.

Decision 2016-05-20, s. 10.

11. If the joinder of proceedings is granted by the Court, the clerk issues a certificate stating that the joined proceeding is ready for trial; the clerk may require each party to file a statement as to the expected duration of the trial.

Decision 2016-05-20, s. 11.

LENGTHY CASES

12. A case of for which the trial is expected to last more than 5 days, as stated on the certificate that the case is ready for trial, is considered to be a lengthy case.

Decision 2016-05-20, s. 12.

13. After the certificate that the case is ready for trial has been issued, a copy of any incidental application must be notified to the judge responsible for lengthy cases until the case has been assigned to a judge for trial; the copy must then be notified to the judge assigned to the trial, who then deals with the application.

Decision 2016-05-20, s. 13.

DIVISION V FAMILY CHAMBER

DATE OF HEARING

14. A party filing a joint application based on a draft agreement for divorce, for separation as to bed and board or for the dissolution of a civil union must immediately contact the clerk to fix a date for the hearing.

Decision 2016-05-20, s. 14.

EVIDENCE BY WAY OF AFFIDAVIT

15. If evidence is presented by way of affidavit, a judge may decide the joint application on a draft agreement without a trial.

Decision 2016-05-20, s. 15.

DIVISION VI ADMINISTRATIVE CHAMBER

16. The roll of the administrative chamber is kept by the staff of the office of the associate chief justice, and a request to obtain a date for trial must be addressed to the staff once a case is ready for trial.

Decision 2016-05-20, s. 16.

DIVISION VII COMMERCIAL CHAMBER

17. A proceeding is a commercial proceeding if:

(a)  the application is made under:

(Statutes of Canada)

— the Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3);

— the Companies and Creditors’ Arrangement Act (R.S.C. 1985, c. C-36);

— the Winding-Up and Restructuring Act (R.S.C. 1985, c. W-11);

— the Canada Business Corporations Act (R.S.C. 1985, c. C-44);

— the Bank Act (S.C. 1991, c. 46 [R.S.C. 1985, c. B-1.01]);

— the Farm Debt Mediation Act (S.C. 1997, c. 21);

— the Commercial Arbitration Act (R.S.C. 1985, c. 17 (2nd Suppl.) [R.S.C. 1985, c. C-34.6]);

(Statutes of Québec)

— the Code of Civil Procedure (chapter C-25.01):

– articles 527, 645 and 647 (homologation of an arbitration award);

– articles 507 and 508 (recognition and enforcement of an arbitration award made outside Québec);

— the Companies Act (chapter C-38);

— the Winding-Up Act (chapter L-4);

— the Securities Act (chapter V-1.1);

— the Act respecting the Autorité des marchés financiers (chapter A-33.2);

(b)  the same applies to any other case of a commercial nature, on a decision of the Associate Chief Justice or the judge responsible for the commercial chamber, made on initiative or on application.

Decision 2016-05-20, s. 17.

18. The commercial chamber has its own office and its own jurisdictional number (number “11”).

Decision 2016-05-20, s. 18.

19. Any proceeding in the commercial chamber must mention the words “Commercial Chamber” on the front page and on the backing below “Superior Court”, and below that a reference to the law governing the proceeding.

Decision 2016-05-20, s. 19.

DIVISION VIII APPLICATIONS TO THE ASSOCIATE CHIEF JUSTICE

JURISDICTION

20. An application for a trial by preference or for the joinder of proceedings must be made to the associate chief justice if one of the proceedings is already set down on the roll.

Decision 2016-05-20, s. 20.

21. When a case has already been set down for trial, it cannot be postponed without authorization from the associate chief justice or, if it is a lengthy case, of the judge responsible for lengthy cases.

Decision 2016-05-20, s. 21.

HEARINGS

22. Hearings before the associate chief justice are held by telephone conference call from 10 a.m. to 12 noon on Wednesdays and, during judicial vacations, on the day determined by the associate chief justice; if a matter is urgent, a hearing may be requested at any time.

A party or a party’s lawyer who wishes to be present at the hearing must give advance notice to the office of the associate chief justice and inform the other party.

Decision 2016-05-20, s. 22.

DIVISION IX SETTLEMENT CONFERENCE

REQUEST

23. The use of “Form A, Joint Request to the Associate Chief Justice for a Settlement Conference” is suggested.

Decision 2016-05-20, s. 23.

TIME LIMIT FOR REQUEST

24. Joint requests for a settlement conference must be presented at least 30 days before the date of the trial, unless authorization has been obtained from the Court. Such requests are accepted only exceptionally.

Decision 2016-05-20, s. 24.

DIVISION X USE OF TECHNOLOGICAL MEANS

DUTY JUDGE OR JUDGE IN CHAMBERS

25. An application to the duty judge or the judge in chambers not requiring the hearing of witnesses may be heard by telephone conference or videoconference, after 24 hours advance notice to the other party and to the judge concerned.

Decision 2016-05-20, s. 25.

APPLICATIONS IN PRACTICE CHAMBER

26. The Court may authorize the presentation of an application set down for the civil practice, family, administrative or commercial chamber by telephone conference or videoconference, if the parties agree there to and after 48 hours advance notice to the judge assigned to the chamber concerned.

Decision 2016-05-20, s. 26.

HEARING OF WITNESSES

27. With the authorization of the Court, witnesses may be heard by way of videoconference at the hearing of an originating application, after 5 days advance notice to the judge in chambers.

Decision 2016-05-20, s. 27.

28. The Court may authorize or order a pre-trial examination, an examination under oath or the examination of a witness outside the presence of the court, if the means proposed appears to be reliable and proportional to the circumstances of the case, taking into account the available facilities, after 48 hours advance notice to the judge in chambers.

Decision 2016-05-20, s. 28.

DIVISION XI FINAL PROVISIONS

29. This Regulation replaces the Rules of practice in civil matters of the Superior Court (District of Québec) (chapter C-25.01, r. 5).

Decision 2016-05-20, s. 29.

REFERENCES

Decision 2016-05-20, 2016 G.O. 2, 2184