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

Schedule Disposition versions

2024-08-01

SCHEDULE 1

(s. 1.1)

REGULATION OF THE SUPERIOR COURT OF QUÉBEC RELATING TO LEXIUS APPLICATIONS IN CIVIL MATTERS

(1) For the duration of the pilot project as regards applications relating to class actions, commercial cases and applications dealt with according to the procedure for non-contentious proceedings provided for in the Regulation respecting the Pilot project relating to digital transformation of the administration of justice (chapter C-25.01, r. 6.3), the following provisions of this Regulation are amended or revoked as indicated in this Schedule where they apply to an application covered by the pilot project.

The text that differs from the text otherwise in force is highlighted by the underlining of added text and a strikethrough line for deleted portions.

(2) Section 7 is replaced by the following:

“7. A medical record or an expert report prepared by a physician, psychologist or social worker must be identified as confidential when filed in Lexius; it must be confidentially kept and no person, except an authorized person, may have access to it without the permission of the Court or a judge.”.

(3) Section 15 is amended as follows:

“15. If evidence is presented by way of affidavit or statements deemed to be sworn, a judge may decide the joint application on a draft agreement without a trial.”.

(4) Section 17 is amended as follows:

“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);

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

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

(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 regulation of the financial sector (chapter E-6.1);

— the Business Corporations Act (chapter S-31.1);

(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.

(5) Section 18 is revoked:

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

(6) Section 19 is replaced by the following:

“19. A pleading in the commercial chamber must include, beneath the words “Superior Court”, the words “Commercial Chamber”, and beneath those latter words, a reference to the law that governs the proceeding.

The back of an originating application must also include those words.”.

(7) This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.

Decision 2023-06-20, s. 1; Decision 2024-03-14, ss. 1 and 3.

2023-07-27

SCHEDULE I

(s. 1)

AMENDED PROVISIONS FOR THE DURATION OF THE PILOT PROJECT RELATING TO DIGITAL TRANSFORMATION OF THE ADMINISTRATION OF JUSTICE

(1) For the duration of the pilot project relating to digital transformation of the administration of justice provided for in the Regulation to establish a pilot project relating to digital transformation of the administration of justice, (chapter C-25.01, r. 6.2), the following provisions of this Regulation are amended or revoked as indicated in this Schedule where they apply to an application covered by the pilot project.

The text that differs from the text otherwise in force is highlighted by the underlining of added text and a strikethrough line for deleted portions.

(2) Section 7 is amended as follows:

“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 2023-06-20, s. 1.