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

Section 4 Disposition versions

2012-09-01

4. ADMINISTRATIVE DIVISION

4.1 A lengthy Practice Division matter, that is, of more than 3 hours is referred to the roll of the Administrative Division by the Judge presiding the Practice Division.

4.2 Before doing so, the Judge shall ensure that the file is complete and that the case is ready for proof and hearing, in which event he shall determine the duration thereof.

4.2.1 In the case of a motion for judicial review or evocation, the Judge called upon to fix the date of the hearing, having consulted the assistant to the Chief Justice, shall manage the proceeding by determining with the parties:

(a)  the questions in dispute;

(b)  the applicable standard of review;

(c)  the reason for which the decision should be reviewed, cancelled or upheld;

(d)  the duration of the hearing and the date of filing of

i.  exhibits, if any;

ii.  authorities.

4.2.2 In the case of a motion for an interlocutory injunction, the Judge called upon to fix the date of the hearing, having consulted the assistant to the Chief Justice, manages the proceeding by determining with the parties:

(a)  the questions in dispute;

(b)  the date of filing of

i.  the affidavits necessary to establish the facts;

ii.  the documents that the parties intend to refer to (art. 754.1 C.C.P);

(c)  the number and identity of the witnesses, if any (art. 754.2 C.C.P), and the subject of their testimonies;

(d)  the date on which out-of-court examinations are held and filed;

(e)  the duration of the hearing.

4.3 If the file is incomplete, the Judge shall determine a timetable for completion and refer the case to a case management roll.

4.4 If the nature or complexity of the case warrants, the timetable shall include the filing of the Summary Declaration That the Record is Complete (Form IIIA of R.C.P.(S.C.)).

4.5 At the case management proceeding, the Judge shall hold a summary pre-hearing conference (art. 279 C.C.P.) and, if the case is ready for proof and hearing, he shall determine the duration thereof.

4.6 The roll of the Administrative Division is kept by the Office of the Chief Justice, where one must obtain a set date of hearing when the case is ready to proceed.

Decision 2001-07-26, s. 4; Decision 2004-07-23, ss. 4 and 5; Decision 2006-08-04, s. 2; Decision 2008-05-30, s. 2.