C-25.01 - Code of Civil Procedure

Section 30 Disposition versions

2016-12-01

30. Judgments of the Superior Court and the Court of Québec that terminate a proceeding, and judgments or orders that pertain to personal integrity, status or capacity, the special rights of the State or contempt of court, may be appealed as of right.

The following, however, may be appealed only with leave:

(1)  judgments where the value of the subject matter of the dispute in appeal is less than $60,000;

(2)  judgments rendered according to the procedure for non-contentious proceedings and not appealable as of right;

(3)  judgments dismissing a judicial application because of its abusive nature;

(4)  judgments denying an application for forced or voluntary intervention of a third person;

(5)  judicial review judgments of the Superior Court relating to the evocation of a case pending before a court or to a decision made by a person or body or a judgment rendered by a court that is subject to judicial review by the Superior Court, or relating to a remedy commanding the performance of an act;

(6)  judgments ruling on legal costs awarded to punish a substantial breach;

(7)  judgments confirming or quashing a seizure before judgment;

(8)  judgments ruling on execution matters.

Leave to appeal is granted by a judge of the Court of Appeal if that judge considers that the matter at issue is one that should be submitted to that Court, for example because it involves a question of principle, a new issue or an issue of law that has given rise to conflicting judicial decisions.

If it is necessary to calculate the value of the subject matter of the dispute in appeal, account must be taken of interest already accrued on the date of the judgment in first instance and of the additional indemnity mentioned in article 1619 of the Civil Code. Legal costs are disregarded. If the subject matter of the appeal is the right to additional damages for bodily injury, only the amount of those damages is to be taken into account.

2014, c. 1, a. 30; I.N. 2016-12-01.

2016-01-01

30. Judgments of the Superior Court and the Court of Québec that terminate a proceeding, and judgments or orders that pertain to personal integrity, status or capacity, the special rights of the State or contempt of court, may be appealed as of right.

The following, however, may be appealed only with leave:

(1)  judgments where the value of the subject matter of the dispute in appeal is less than $60,000;

(2)  judgments rendered in non-contentious matters and not appealable as of right;

(3)  judgments dismissing a judicial application because of its abusive nature;

(4)  judgments denying an application for forced or voluntary intervention of a third person;

(5)  judicial review judgments of the Superior Court relating to the evocation of a case pending before a court or to a decision made by a person or body or a judgment rendered by a court that is subject to judicial review by the Superior Court, or relating to a remedy commanding the performance of an act;

(6)  judgments ruling on legal costs awarded to punish a substantial breach;

(7)  judgments confirming or quashing a seizure before judgment;

(8)  judgments ruling on execution matters.

Leave to appeal is granted by a judge of the Court of Appeal if that judge considers that the matter at issue is one that should be submitted to that Court, for example because it involves a question of principle, a new issue or an issue of law that has given rise to conflicting judicial decisions.

If it is necessary to calculate the value of the subject matter of the dispute in appeal, account must be taken of interest already accrued on the date of the judgment in first instance and of the additional indemnity mentioned in article 1619 of the Civil Code. Legal costs are disregarded. If the subject matter of the appeal is the right to additional damages for bodily injury, only the amount of those damages is to be taken into account.

2014, c. 1, a. 30.