C-25.01 - Code of Civil Procedure

Section 357 Disposition versions

2016-01-01

357. If leave to appeal is required, the related application is attached to the notice of appeal together with the judgment and the exhibits and evidence necessary to obtain leave. The application is presented without delay and contested orally before an appellate judge, who decides whether or not to grant leave. The appellate clerk sends the judgment without delay to the office of the court of first instance and to the parties.

If leave to appeal is granted, the notice of appeal is deemed to have been filed on the date of the judgment granting leave. If leave to appeal is denied, the judgment must give brief reasons and the Court of Appeal is no longer seized of the matter.

If leave to appeal was not required and the appeal could have been initiated solely by filing a notice of appeal, the notice of appeal is deemed to have been filed on the date the judge takes note of its filing.

The appellant has 15 days as of the judgment granting leave to appeal or as of the date the judge takes note of the filing of the notice of appeal to file the certificate concerning the transcription of depositions with the court office and to notify it to the other party.

2014, c. 1, a. 357.