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C-25 - Code of Civil Procedure
Section 494
Disposition versions
494. An application for leave to appeal in the cases contemplated in the second paragraph of article 26 and in article 511 must be presented by motion accompanied by a copy of the judgment and of the documents of the contestation, if they are not reproduced in the judgment. It must indicate the duration of the proof and hearing in first instance, the conclusions sought by the appellant and a detailed statement of the grounds which the appellant intends to set up.
The detailed statement of the grounds must refer to the documentary evidence or the testimonies in respect of which the appellant claims that the judge in first instance committed a manifest error. It must also state in what way the errors of law or fact found are significant to the point of invalidating the judgment in first instance. Upon presentation of the application, the judge may, where so justified by serious reasons, authorize the filing of an additional statement within the time he determines.
The motion must be served on the adverse party and filed with the office of the court within 30 days of the date of judgment or, in the case of an application for leave to appeal from a judgment ruling on a motion to quash a seizure before judgment, within 10 days of the date of judgment; it must be presented to a judge of the Court of Appeal as soon as possible.
If the application is granted, the judgment authorizing the appeal shall stand for the inscription in appeal. The clerk of appeals shall transmit a copy of the judgment without delay to the judge whose judgment is appealed from and to the office of the court in first instance; he shall also transmit a copy, without delay, to the parties or their attorneys.
Every other appeal must be brought within 30 days of the date of judgment unless in the case of subparagraph 2 of the first paragraph of article 26 a shorter time is prescribed in another Act.
Such time limits are peremptory and their expiry extinguishes the right of appeal.
However, if a party dies before the expiry of such time without having appealed, the time limit for appeal runs against his legal representatives only from the day when the judgment is served upon them, which may be done in accordance with the provisions of article 133.
The time limit for appeal runs against a party condemned by default only from the expiry of the time within which he could demand the revocation of the judgment.
494. An application for leave to appeal in the cases contemplated in the second paragraph of article 26 and in article 511 must be presented by motion accompanied by a copy of the judgment and of the documents of the contestation, if they are not reproduced in the judgment. It must indicate the duration of the proof and hearing in first instance, the conclusions sought by the appellant and a detailed statement of the grounds which the appellant intends to set up.
The detailed statement of the grounds must refer to the documentary evidence or the testimonies in respect of which the appellant claims that the judge in first instance committed a manifest error. It must also state in what way the errors of law or fact found are significant to the point of invalidating the judgment in first instance. Upon presentation of the application, the judge may, where so justified by serious reasons, authorize the filing of an additional statement within the time he determines.
The motion must be served on the adverse party and filed with the office of the court within 30 days of the date of judgment or, in the case of an application for leave to appeal from a judgment ruling on a motion to quash a seizure before judgment, within 5 clear days of the date of judgment; it must be presented to a judge of the Court of Appeal as soon as possible.
If the application is granted, the judgment authorizing the appeal shall stand for the inscription in appeal. The clerk of appeals shall transmit a copy of the judgment without delay to the judge whose judgment is appealed from and to the office of the court in first instance; he shall also transmit a copy, without delay, to the parties or their attorneys.
Every other appeal must be brought within 30 days of the date of judgment unless in the case of subparagraph 2 of the first paragraph of article 26 a shorter time is prescribed in another Act.
Such time limits are peremptory and their expiry extinguishes the right of appeal.
However, if a party dies before the expiry of such time without having appealed, the time limit for appeal runs against his legal representatives only from the day when the judgment is served upon them, which may be done in accordance with the provisions of article 133.
The time limit for appeal runs against a party condemned by default only from the expiry of the time within which he could demand the revocation of the judgment.
494. An application for leave to appeal in the cases contemplated in the second paragraph of article 26 and in article 511 must be presented by motion accompanied by a copy of the judgment and of the documents of the contestation, if they are not reproduced in the judgment. It must indicate the duration of the proof and hearing in first instance, the conclusions sought by the appellant and a detailed statement of the grounds which the appellant intends to set up.
The detailed statement of the grounds must refer to the documentary evidence or the testimonies in respect of which the appellant claims that the judge in first instance committed a manifest error. It must also state in what way the errors of law or fact found are significant to the point of invalidating the judgment in first instance. Upon presentation of the application, the judge may, where so justified by serious reasons, authorize the filing of an additional statement within the time he determines.
The motion must be served on the adverse party and filed with the office of the court within 30 days of the date of judgment or, in the case of an application for leave to appeal from a judgment ruling on a motion to quash a seizure before judgment, within 5 clear days of the date of judgment; it must be presented to a judge of the Court of Appeal as soon as possible.
If the application is granted, the judgment authorizing the appeal shall stand for the inscription in appeal. The clerk of appeals shall transmit a copy of the judgment without delay to the judge whose judgment is appealed from and to the office of the court in first instance; he shall also transmit a copy, without delay, to the parties or their attorneys.
Every other appeal must be brought within 30 days of the date of judgment unless in the case of subparagraph 2 of the first paragraph of article 26 a shorter time is prescribed in another Act.
Such time limits are peremptory and their expiry extinguishes the right of appeal.
However, if a party dies before the expiry of such time without having appealed, the delay for appeal runs against his legal representatives only from the day when the judgment is served upon them, which may be done in accordance with the provisions of article 133.
The delay for appeal runs against a party condemned by default only from the expiry of the delay within which he could demand the revocation of the judgment.
494. An application for leave to appeal in the cases contemplated in the second paragraph of article 26 and in article 511 must be presented by motion accompanied by a copy of the judgment and of the documents of the contestation, if they are not reproduced in the judgment. It must indicate the duration of the proof and hearing in first instance, the conclusions sought by the appellant and a detailed statement of the grounds which the appellant intends to set up.
The detailed statement of the grounds must refer to the documentary evidence or the testimonies in respect of which the appellant claims that the judge in first instance committed a manifest error. It must also state in what way the errors of law or fact found are significant to the point of invalidating the judgment in first instance. Upon presentation of the application, the judge may, where so justified by serious reasons, authorize the filing of an additional statement within the time he determines.
The motion must be served on the adverse party and filed with the office of the court within 30 days of the date of judgment or, in the case of an application for leave to appeal from a judgment ruling on a motion to quash a seizure before judgment, within 5 clear days of the date of judgment; it must be presented to a judge of the Court of Appeal as soon as possible.
If the application is granted, the judgment authorizing the appeal shall stand for the inscription in appeal. The clerk of appeals shall transmit a copy of the judgment without delay to the judge whose judgment is appealed from and to the office of the court in first instance; he shall also transmit a copy, without delay, by registered or certified mail, to the parties or their attorneys.
Every other appeal must be brought within 30 days of the date of judgment unless in the case of subparagraph 2 of the first paragraph of article 26 a shorter time is prescribed in another Act.
Such time limits are peremptory and their expiry extinguishes the right of appeal.
However, if a party dies before the expiry of such time without having appealed, the delay for appeal runs against his legal representatives only from the day when the judgment is served upon them, which may be done in accordance with the provisions of article 133.
The delay for appeal runs against a party condemned by default only from the expiry of the delay within which he could demand the revocation of the judgment.
In the third paragraph, the words “or, in the case of an application for leave to appeal from a judgment ruling on a motion to quash a seizure before judgment, within 5 clear days of the date of judgment” come into force on 16 March 1995. (1995, c. 2, s. 15).
494. An application for leave to appeal in the cases contemplated in the second paragraph of article 26 and in article 511 must be presented by motion accompanied by a copy of the judgment and of the documents of the contestation, if they are not reproduced in the judgment. It must indicate the duration of the proof and hearing in first instance, the conclusions sought by the appellant and a detailed statement of the grounds which the appellant intends to set up.
The detailed statement of the grounds must refer to the documentary evidence or the testimonies in respect of which the appellant claims that the judge in first instance committed a manifest error. It must also state in what way the errors of law or fact found are significant to the point of invalidating the judgment in first instance. Upon presentation of the application, the judge may, where so justified by serious reasons, authorize the filing of an additional statement within the time he determines.
The motion must be served on the adverse party and filed with the office of the court within 30 days of the date of judgment; it must be presented to a judge of the Court of Appeal as soon as possible.
If the application is granted, the judgment authorizing the appeal shall stand for the inscription in appeal. The clerk of appeals shall transmit a copy of the judgment without delay to the judge whose judgment is appealed from and to the office of the court in first instance; he shall also transmit a copy, without delay, by registered or certified mail, to the parties or their attorneys.
Every other appeal must be brought within 30 days of the date of judgment unless in the case of paragraph 2 of article 26 a shorter time is prescribed in another Act.
Such time limits are peremptory and their expiry extinguishes the right of appeal.
However, if a party dies before the expiry of such time without having appealed, the delay for appeal runs against his legal representatives only from the day when the judgment is served upon them, which may be done in accordance with the provisions of article 133.
The delay for appeal runs against a party condemned by default only from the expiry of the delay within which he could demand the revocation of the judgment.
494. An application for leave to appeal in the cases contemplated in paragraph 4 of article 26 and in article 511 must be presented by motion accompanied by a copy of the judgment and of the documents of the contestation, if they are not reproduced in the judgment. It must indicate the duration of the proof and hearing in first instance, the conclusions sought by the appellant and a summary statement of the grounds which the appellant intends to set up.
The motion must be served on the adverse party and filed with the office of the court within 30 days of the date of judgment; it must be presented to a judge of the Court of Appeal as soon as possible.
If the application is granted, the judgment authorizing the appeal shall stand for the inscription in appeal. The clerk of appeals shall transmit a copy of the judgment without delay to the judge whose judgment is appealed from and to the office of the court in first instance; he shall also transmit a copy, without delay, by registered or certified mail, to the parties or their attorneys.
Every other appeal must be brought within 30 days of the date of judgment unless in the case of paragraph 2 of article 26 a shorter delay is prescribed in another Act.
Such delays are peremptory and their expiry extinguishes the right of appeal; they run against the Crown and all persons, even incapables or absentees, when those who represent them or who must assist them have been duly impleaded.
However, if a party dies before the expiry of such time without having appealed, the delay for appeal runs against his legal representatives only from the day when the judgment is served upon them, which may be done in accordance with the provisions of article 133.
The delay for appeal runs against a party condemned by default only from the expiry of the delay within which he could demand the revocation of the judgment.
494. An application for leave to appeal in the cases contemplated in paragraph 4 of article 26 and in article 511 must be presented within thirty days of the date of judgment, by motion accompanied by a copy of the judgment and of the documents of the contestation, if they are not reproduced in the judgment.
If such an application is granted, the appeal must be brought within ten days of the judgment authorizing it.
Every other appeal must be brought within thirty days of the date of judgment unless in the case of paragraph 2 of article 26 a shorter delay is prescribed in another act.
Such delays are peremptory and their expiry extinguishes the right of appeal; they run against the Crown and all persons, even incapables or absentees, when those who represent them or who must assist them have been duly impleaded.
However, if a party dies before the expiry of such time without having appealed, the delay for appeal runs against his legal representatives only from the day when the judgment is served upon them, which may be done in accordance with the provisions of article 133.
The delay for appeal runs against a party condemned by default only from the expiry of the delay within which he could demand the revocation of the judgment.
494. An application for leave to appeal in the cases contemplated in paragraph 4 of article 26, in article 511 and in the first paragraph of article 850 must be presented within thirty days of the date of judgment, by motion accompanied by a copy of the judgment and of the documents of the contestation, if they are not reproduced in the judgment.
If such an application is granted, the appeal must be brought within ten days of the judgment authorizing it.
Every other appeal must be brought within thirty days of the date of judgment unless in the case of paragraph 2 of article 26 a shorter delay is prescribed in another act.
Such delays are peremptory and their expiry extinguishes the right of appeal; they run against the Crown and all persons, even incapables or absentees, when those who represent them or who must assist them have been duly impleaded.
However, if a party dies before the expiry of such time without having appealed, the delay for appeal runs against his legal representatives only from the day when the judgment is served upon them, which may be done in accordance with the provisions of article 133.
The delay for appeal runs against a party condemned by default only from the expiry of the delay within which he could demand the revocation of the judgment.
494. An application for leave to appeal in the cases contemplated in paragraph 4 of article 26 and in article 29 must be presented within thirty days of the date of judgment, by motion accompanied by a copy of the judgment and of the documents of the contestation, if they are not reproduced in the judgment.
If such an application is granted, the appeal must be brought within ten days of the judgment authorizing it.
Every other appeal must be brought within thirty days of the date of judgment unless in the case of paragraph 2 of article 26 a shorter delay is prescribed in another act.
Such delays are peremptory and their expiry extinguishes the right of appeal; they run against the Crown and all persons, even incapables or absentees, when those who represent them or who must assist them have been duly impleaded.
However, if a party dies before the expiry of such time without having appealed, the delay for appeal runs against his legal representatives only from the day when the judgment is served upon them, which may be done in accordance with the provisions of article 133.
The delay for appeal runs against a party condemned by default only from the expiry of the delay within which he could demand the revocation of the judgment.
