C-25 - Code of Civil Procedure

Section 26 Disposition versions

2009-06-04

26. Unless otherwise provided, an appeal lies

(1)  from any final judgment of the Superior Court or the Court of Québec, except in a case where the value of the object of the dispute in appeal is less than $50,000;

(2)  from any final judgment of the Court of Québec in a case where such court has exclusive jurisdiction under any Act other than this Code;

(3)  from any final judgment rendered in matters of contempt of court for which there is no other recourse;

(4)  from any judgment or order rendered in matters of adoption;

(5)  from any final judgment rendered in matters concerning confinement in an institution or psychiatric assessment;

(6)  from any judgment or order rendered in the following matters:

(a)  changes made to the register of civil status;

(b)  tutorships to minors or absentees and declaratory judgments of death;

(c)  tutorship councils;

(d)  protective supervision of persons of full age and the homologation of a mandate given by a person in anticipation of his incapacity.

(7)  (paragraph replaced);

(8)  (paragraph replaced).

An appeal also lies, with leave of a judge of the Court of Appeal, when the matter at issue is one which ought to be submitted to the Court of Appeal, particularly where, in the opinion of the judge, the matter at issue is a question of principle, a new issue or a question of law that has given rise to conflicting judicial precedents,

(1)  from any judgment or order rendered under the provisions of Book VI of this Code;

(2)  from any judgment ruling on a motion to quash a seizure before judgment;

(3)  from any judgment or order rendered in matters concerning execution;

(4)  from any judgment rendered under article 846;

(4.1)  from any judgment that dismisses an action because of its improper nature;

(5)  from any other final judgment of the Superior Court or the Court of Québec.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6; 1982, c. 17, s. 3; 1982, c. 32, s. 31; 1984, c. 26, s. 2; 1988, c. 21, s. 66; 1992, c. 57, s. 176; 1993, c. 30, s. 2; 1993, c. 72, s. 1; 1995, c. 2, s. 1; 1997, c. 75, s. 34; 1999, c. 46, s. 1; 2002, c. 7, s. 3; 2009, c. 12, s. 1.

2003-01-01

26. Unless otherwise provided, an appeal lies

(1)  from any final judgment of the Superior Court or the Court of Québec, except in a case where the value of the object of the dispute in appeal is less than $50,000;

(2)  from any final judgment of the Court of Québec in a case where such court has exclusive jurisdiction under any Act other than this Code;

(3)  from any final judgment rendered in matters of contempt of court for which there is no other recourse;

(4)  from any judgment or order rendered in matters of adoption;

(5)  from any final judgment rendered in matters concerning confinement in an institution or psychiatric assessment;

(6)  from any judgment or order rendered in the following matters:

(a)  changes made to the register of civil status;

(b)  tutorships to minors or absentees and declaratory judgments of death;

(c)  tutorship councils;

(d)  protective supervision of persons of full age and the homologation of a mandate given by a person in anticipation of his incapacity.

(7)  (paragraph replaced);

(8)  (paragraph replaced).

An appeal also lies, with leave of a judge of the Court of Appeal, when the matter at issue is one which ought to be submitted to the Court of Appeal, particularly where, in the opinion of the judge, the matter at issue is a question of principle, a new issue or a question of law that has given rise to conflicting judicial precedents,

(1)  from any judgment or order rendered under the provisions of Book VI of this Code;

(2)  from any judgment ruling on a motion to quash a seizure before judgment;

(3)  from any judgment or order rendered in matters concerning execution;

(4)  from any judgment rendered under article 846;

(5)  from any other final judgment of the Superior Court or the Court of Québec.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6; 1982, c. 17, s. 3; 1982, c. 32, s. 31; 1984, c. 26, s. 2; 1988, c. 21, s. 66; 1992, c. 57, s. 176; 1993, c. 30, s. 2; 1993, c. 72, s. 1; 1995, c. 2, s. 1; 1997, c. 75, s. 34; 1999, c. 46, s. 1; 2002, c. 7, s. 3.

2000-02-01

26. Unless otherwise provided, an appeal lies

(1)  from any final judgment of the Superior Court or the Court of Québec, except in a case where the value of the object of the dispute in appeal is less than $20 000;

(2)  from any final judgment of the Court of Québec in a case where such court has exclusive jurisdiction under any Act other than this Code;

(3)  from any final judgment rendered in matters of contempt of court for which there is no other recourse;

(4)  from any judgment or order rendered in matters of adoption;

(5)  from any final judgment rendered in matters concerning confinement in an institution or psychiatric assessment;

(6)  from any judgment or order rendered in the following matters:

(a)  changes made to the register of civil status;

(b)  tutorships to minors or absentees and declaratory judgments of death;

(c)  tutorship councils;

(d)  protective supervision of persons of full age and the homologation of a mandate given by a person in anticipation of his incapacity.

(7)  (paragraph replaced);

(8)  (paragraph replaced).

An appeal also lies, with leave of a judge of the Court of Appeal, when the matter at issue is one which ought to be submitted to the Court of Appeal,

(1)  from any judgment or order rendered under the provisions of Book VI of this Code;

(2)  from any judgment ruling on a motion to quash a seizure before judgment;

(3)  from any judgment or order rendered in matters concerning execution;

(4)  from any judgment rendered under article 75.2;

(5)  from any other final judgment of the Superior Court or the Court of Québec.

An appeal also lies, with leave of a judge of the Court of Appeal, where the interests of justice so require, from a judgment dismissing an application for evocation or revision under article 846.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6; 1982, c. 17, s. 3; 1982, c. 32, s. 31; 1984, c. 26, s. 2; 1988, c. 21, s. 66; 1992, c. 57, s. 176; 1993, c. 30, s. 2; 1993, c. 72, s. 1; 1995, c. 2, s. 1; 1997, c. 75, s. 34; 1999, c. 46, s. 1.

1998-06-01

26. Unless otherwise provided, an appeal lies

(1)  from any final judgment of the Superior Court or the Court of Québec, except in a case where the value of the object of the dispute in appeal is less than $20 000;

(2)  from any final judgment of the Court of Québec in a case where such court has exclusive jurisdiction under any Act other than this Code;

(3)  from any final judgment rendered in matters of contempt of court for which there is no other recourse;

(4)  from any judgment or order rendered in matters of adoption;

(5)  from any final judgment rendered in matters concerning confinement in an institution or psychiatric assessment;

(6)  from any judgment or order rendered in the following matters:

(a)  changes made to the register of civil status;

(b)  tutorships to minors or absentees and declaratory judgments of death;

(c)  tutorship councils;

(d)  protective supervision of persons of full age and the homologation of a mandate given by a person in anticipation of his incapacity.

(7)  (paragraph replaced);

(8)  (paragraph replaced).

An appeal also lies, with leave of a judge of the Court of Appeal, when the matter at issue is one which ought to be submitted to the Court of Appeal,

(1)  from any judgment or order rendered under the provisions of Book VI of this Code;

(2)  from any judgment ruling on a motion to quash a seizure before judgment;

(3)  from any judgment or order rendered in matters concerning execution;

(4)  from any judgment rendered under article 75.2;

(5)  from any other final judgment of the Superior Court or the Court of Québec.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6; 1982, c. 17, s. 3; 1982, c. 32, s. 31; 1984, c. 26, s. 2; 1988, c. 21, s. 66; 1992, c. 57, s. 176; 1993, c. 30, s. 2; 1993, c. 72, s. 1; 1995, c. 2, s. 1; 1997, c. 75, s. 34.

1995-03-16

26. Unless otherwise provided, an appeal lies

(1)  from any final judgment of the Superior Court or the Court of Québec, except in a case where the value of the object of the dispute in appeal is less than $20 000;

(2)  from any final judgment of the Court of Québec in a case where such court has exclusive jurisdiction under any Act other than this Code;

(3)  from any final judgment rendered in matters of contempt of court for which there is no other recourse;

(4)  from any judgment or order rendered in matters of adoption;

(5)  from any final judgment rendered in matters concerning confinement in an establishment or psychiatric examination;

(6)  from any judgment or order rendered in the following matters:

(a)  changes made to the register of civil status;

(b)  tutorships to minors or absentees and declaratory judgments of death;

(c)  tutorship councils;

(d)  protective supervision of persons of full age and the homologation of a mandate given by a person in anticipation of his incapacity.

(7)  (paragraph replaced);

(8)  (paragraph replaced).

An appeal also lies, with leave of a judge of the Court of Appeal, when the matter at issue is one which ought to be submitted to the Court of Appeal,

(1)  from any judgment or order rendered under the provisions of Book VI of this Code;

(2)  from any judgment ruling on a motion to quash a seizure before judgment;

(3)  from any judgment or order rendered in matters concerning execution;

(4)  from any judgment rendered under article 75.2;

(5)  from any other final judgment of the Superior Court or the Court of Québec.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6; 1982, c. 17, s. 3; 1982, c. 32, s. 31; 1984, c. 26, s. 2; 1988, c. 21, s. 66; 1992, c. 57, s. 176; 1993, c. 30, s. 2; 1993, c. 72, s. 1; 1995, c. 2, s. 1.

1994-01-01

26. Unless otherwise provided, an appeal lies

(1)  from any final judgment of the Superior Court or the Court of Québec, except in a case where the value of the object of the dispute in appeal is less than $15 000;

(2)  from any final judgment of the Court of Québec in a case where such court has exclusive jurisdiction under any Act other than this Code;

(3)  from any final judgment rendered in matters of contempt of court for which there is no other recourse;

(4)  from any judgment or order rendered in matters of adoption;

(5)  from any final judgment rendered in matters concerning confinement in an establishment or psychiatric examination;

(6)  from any judgment or order rendered in the following matters:

(a)  changes made to the register of civil status;

(b)  tutorships to minors or absentees and declaratory judgments of death;

(c)  tutorship councils;

(d)  protective supervision of persons of full age and the homologation of a mandate given by a person in anticipation of his incapacity.

(7)  (paragraph replaced);

(8)  (paragraph replaced).

An appeal also lies, with leave of a judge of the Court of Appeal, when the matter at issue is one which ought to be submitted to the Court of Appeal,

(1)  from any judgment or order rendered under the provisions of Book VI of this Code;

(2)  from any judgment ruling on a motion to quash a seizure before judgment;

(3)  from any judgment or order rendered in matters concerning execution;

(4)  from any judgment rendered under article 75.2;

(5)  from any other final judgment of the Superior Court or the Court of Québec.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6; 1982, c. 17, s. 3; 1982, c. 32, s. 31; 1984, c. 26, s. 2; 1988, c. 21, s. 66; 1992, c. 57, s. 176; 1993, c. 30, s. 2; 1993, c. 72, s. 1.

1988-08-31

26. Unless otherwise provided, an appeal lies

(1)  from any final judgment of the Superior Court or the Court of Québec, except in a case where the value of the object of the dispute in appeal is less than $10 000;

(2)  from any final judgment of the Court of Québec in a case where such court has exclusive jurisdiction under any act other than this Code;

(3)  from any judgment or order rendered in virtue of the provisions of Book Six of this Code;

(4)  with leave of a judge of the Court of Appeal, from any other final judgment of the Superior Court and of the Court of Québec, when the matter at issue is one which should be submitted to the Court of Appeal;

(5)  from any final judgment rendered in matters of contempt of court for which there is no other recourse;

(6)  from any judgment or order rendered in a matter of adoption.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6; 1982, c. 17, s. 3; 1982, c. 32, s. 31; 1984, c. 26, s. 2; 1988, c. 21, s. 66.

1984-11-01

26. Unless otherwise provided, an appeal lies

(1)  from any final judgment of the Superior Court or the Provincial Court, except in a case where the value of the object of the dispute in appeal is less than $10 000;

(2)  from any final judgment of the Provincial Court in a case where such court has exclusive jurisdiction under any act other than this Code;

(3)  from any judgment or order rendered in virtue of the provisions of Book Six of this Code;

(4)  with leave of a judge of the Court of Appeal, from any other final judgment of the Superior Court and of the Provincial Court, when the matter at issue is one which should be submitted to the Court of Appeal;

(5)  from any final judgment rendered in matters of contempt of court for which there is no other recourse;

(6)  from any judgment or order rendered in a matter of adoption.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6; 1982, c. 17, s. 3; 1982, c. 32, s. 31; 1984, c. 26, s. 2.

1982-09-01

26. Unless otherwise provided, an appeal lies

(1)   from any final judgment of the Superior Court, except in a case where the value of the object of the dispute in appeal is less than $10 000;

(2)  from any final judgment of the Provincial Court in a case where such court has exclusive jurisdiction under any act other than this Code;

(3)  from any judgment or order rendered in virtue of the provisions of Book Six of this Code;

(4)  with leave of a judge of the Court of Appeal, from any other final judgment of the Superior Court and of the Provincial Court, when the matter at issue is one which should be submitted to the Court of Appeal;

(5)  from any final judgment rendered in matters of contempt of court for which there is no other recourse;

(6)  from any judgment or order rendered in a matter of adoption.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6; 1982, c. 17, s. 3; 1982, c. 32, s. 31.

1979-06-22

26. Unless otherwise provided, an appeal lies:

In force: 1979-09-01

(1)   from any final judgment of the Superior Court, except in a case where the value of the object of the dispute in appeal is less than six thousand dollars;

(2)  from any final judgment of the Provincial Court in a case where such court has exclusive jurisdiction under any act other than this Code;

(3)  from any judgment or order rendered in virtue of the provisions of Book Six of this Code;

(4)  with leave of a judge of the Court of Appeal, from any other final judgment of the Superior Court and of the Provincial Court, when the matter at issue is one which should be submitted to the Court of Appeal;

(5)  from any final judgment rendered in matters of contempt of court for which there is no other recourse.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1; 1979, c. 37, s. 6.

1977-12-31

26. Unless otherwise provided, an appeal lies:

(1)  from any final judgment of the Superior Court, except in a case where the value of the object of the dispute in appeal is less than three thousand dollars;

(2)  from any final judgment of the Provincial Court in a case where such court has exclusive jurisdiction under any act other than this Code;

(3)  from any judgment or order rendered in virtue of the provisions of Book Six of this Code;

(4)  with leave of two judges of the Court of Appeal, from any other final judgment of the Superior Court and of the Provincial Court when, in the opinion of such judges, the matter at issue is one which should be submitted to the Court of Appeal.

1965 (1st sess.), c. 80, a. 26; 1969, c. 80, s. 1.