C-25 - Code of Civil Procedure

Section 859 Disposition versions

1999-10-22

859. The appeal from a final judgment is governed by the provisions of articles 491 and following, so far as applicable, except that:

(1)  it must be instituted within five days, if the judgment orders release, or within 10 days if it is refused;

(2)  the clerk must transfer the record within two days of the filing of the inscription;

(3)  except for the appellant the parties who wish to be heard must appear. The parties may file their factums five days from receipt of the inscription by the office of the Court of Appeal;

(4)  the case is placed on the roll, as soon as the time contemplated by the preceding paragraph has expired, and it is heard at the first session of the court held either at Québec or at Montréal.

1965 (1st sess.), c. 80, a. 859; 1982, c. 32, s. 52; 1992, c. 57, s. 420; 1999, c. 40, s. 56.

1994-01-01

859. The appeal from a final judgment is governed by the provisions of articles 491 and following, so far as applicable, except that:

(1)  it must be instituted within five days, if the judgment orders release, or within 10 days if it is refused;

(2)  the clerk must transfer the record within two days of the filing of the inscription;

(3)  except for the appellant the parties who wish to be heard must appear. The parties may file their factums five days from receipt of the inscription by the office of the Court of Appeal;

(4)  the case is placed on the roll, as soon as the delay contemplated by the preceding paragraph has expired, and it is heard at the first session of the court held either at Québec or at Montréal.

1965 (1st sess.), c. 80, a. 859; 1982, c. 32, s. 52; 1992, c. 57, s. 420.

1982-09-01

859. The appeal from a final judgment is governed by the provisions of articles 491 and following, so far as applicable, except that:

(1)  it must be instituted within five days, if the judgment orders release, or within ten days if it is refused;

(2)  the prothonotary must transfer the record within two days of the filing of the inscription;

(3)  except for the appellant the parties who wish to be heard must appear. The parties may file their factums five days from receipt of the inscription by the office of the Court of Appeal;

(4)  the case is placed on the roll, as soon as the delay contemplated by the preceding paragraph has expired, and it is heard at the first session of the court held either at Québec or at Montréal.

1965 (1st sess.), c. 80, a. 859; 1982, c. 32, s. 52.

1977-12-31

859. The appeal from a final judgment is governed by the provisions of articles 491 and following, so far as applicable, except that:

(1)  it must be instituted within five days, if the judgment orders release, or within ten days if it is refused;

(2)  the prothonotary must transfer the joint record within two days of the filing of the inscription;

(3)  the parties who wish to be heard must appear and may file factums containing their respective pretensions within five days from the filing of the inscription;

(4)  the case is placed on the roll, as soon as the delay contemplated by the preceding paragraph has expired, and it is heard at the first session of the court held either at Québec or at Montréal.

1965 (1st sess.), c. 80, a. 859.