C-25 - Code of Civil Procedure

Section 511 Disposition versions

2003-01-01

511. An appeal lies from an interlocutory judgment only on leave granted by a judge of the Court of Appeal if he is of opinion that the case is one that is contemplated in article 29 and that the pursuit of justice requires that leave be granted; the judge must then order the continuation or suspension of the proceedings in first instance.

However, an appeal from an interlocutory judgment dismissing an objection to evidence based on article 308 of this Code or on section 9 of the Charter of human rights and freedoms (chapter C-12) is not subject to a leave. Furthermore, the appeal does not suspend the proceedings but the judge of first instance cannot render final judgment or hear the evidence contemplated by the objection until appeal from the interlocutory judgment is decided.

Appeal from an interlocutory judgment is subject to the rules applicable to a final judgment; however, the parties are not required to file a factum, unless a judge decides otherwise. The appeal is heard on the date determined by the judge in cases where leave is required and on the date determined by the clerk in other cases.

1965 (1st sess.), c. 80, a. 511; 1979, c. 37, s. 27; 1982, c. 32, s. 47; 1983, c. 28, s. 20; 1986, c. 55, s. 2; 2002, c. 7, s. 96.

1986-06-19

511. An appeal lies from an interlocutory judgment only on leave granted by a judge of the Court of Appeal if he is of opinion that the case is one that is contemplated in article 29 and that the pursuit of justice requires that leave be granted; the judge must then order the continuation or suspension of the proceedings in first instance.

However, an appeal from an interlocutory judgment dismissing an objection to evidence based on article 308 of this Code or on section 9 of the Charter of human rights and freedoms (chapter C-12) is not subject to a leave. Furthermore, the appeal does not suspend the proceedings but the judge of first instance cannot render final judgment or hear the evidence contemplated by the objection until appeal from the interlocutory judgment is decided.

Appeal from an interlocutory judgment is subject to the rules applicable to a final judgment, however, the appellant must file his factum with the office of the court and serve it on the respondent within 15 days of filing the inscription for appeal and the respondent is not required to file a factum.

Unless otherwise decided by the chief justice, the appeal is heard by preference, at the first sitting which follows the filing of the factum.

1965 (1st sess.), c. 80, a. 511; 1979, c. 37, s. 27; 1982, c. 32, s. 47; 1983, c. 28, s. 20; 1986, c. 55, s. 2.

1983-06-22

511. An appeal lies from an interlocutory judgment only on leave granted by a judge of the Court of Appeal if he is of opinion that the case is one that is contemplated in article 29; the judge must then order the continuation or suspension of the proceedings in first instance.

However, an appeal from an interlocutory judgment dismissing an objection to evidence based on article 308 of this Code or on section 9 of the Charter of human rights and freedoms (chapter C-12) is not subject to a leave. Furthermore, the appeal does not suspend the proceedings but the judge of first instance cannot render final judgment or hear the evidence contemplated by the objection until appeal from the interlocutory judgment is decided.

Appeal from an interlocutory judgment is subject to the rules applicable to a final judgment, however, the appellant must file his factum with the office of the court and serve it on the respondent within fifteen days of filing the inscription for appeal and the respondent is not required to file a factum.

Unless otherwise decided by the chief justice, the appeal is heard by preference, at the first sitting which follows the filing of the factum.

1965 (1st sess.), c. 80, a. 511; 1979, c. 37, s. 27; 1982, c. 32, s. 47; 1983, c. 28, s. 20.

1982-09-01

511. An appeal lies from an interlocutory judgment only on leave granted by a judge of the Court of Appeal if he is of opinion that the case is one that is contemplated in article 29; the judge must then decide whether to continue or suspend proceedings in first instance.

However, an appeal from an interlocutory judgment dismissing an objection to evidence based on article 308 of this Code or on section 9 of the Charter of human rights and freedoms (chapter C-12) is not subject to a leave. Furthermore, the appeal does not suspend the proceedings but the judge of first instance cannot render final judgment or hear the evidence contemplated by the objection until appeal from the interlocutory judgment is decided.

Appeal from an interlocutory judgment is subject to the rules applicable to a final judgment, however, the appellant must file his factum with the office of the court and serve it on the respondent within fifteen days of filing the inscription for appeal and the respondent is not required to file a factum.

Unless otherwise decided by the chief justice, the appeal is heard by preference, at the first sitting which follows the filing of the factum.

1965 (1st sess.), c. 80, a. 511; 1979, c. 37, s. 27; 1982, c. 32, s. 47.

1979-09-01

511. Appeal from an interlocutory judgment is subject to the same rules as those provided for final judgments, except that:

(1)  the statement must be served within fifteen days of the filing of the inscription in appeal;

(1.1)  the statement must be filed within fifteen days of the service made under paragraph 1; the comments of the respondent, where that is the case, must be served and filed within the same delay;

(1.2)  where such is the case, the joint record must be filed in the Appeal Office and served on the respondent within fifteen days of the filing of the statement or of the judgment authorizing

(2)  the parties are not required to file a factum setting out their pretensions;

(3)  the appeal is privileged and, unless the chief justice decides otherwise, must be heard at the first sitting which follows the filing of the statement or the joint record.

Such appeal suspends the suit, except in the case of an appeal on corollary relief in divorce or separation from bed and board proceedings or an appeal on an interlocutory injunction. A judge of the Court of Appeal may, however, as the case may be, suspend the suit or authorize that it be continued notwithstanding the appeal.

1965 (1st sess.), c. 80, a. 511; 1979, c. 37, s. 27.

1977-12-31

511. Appeal from an interlocutory judgment is subject to the same rules as those provided for final judgments, except that:

(1)  the joint record must be filed at the Appeal Office and delivered to the respondent within fifteen days of the filing of the inscription in appeal;

(2)  the parties are not required to file a factum setting out their pretensions;

(3)  the appeal is privileged and, unless the court decides otherwise, must be heard at the first sitting which follows the filing of the joint record.

Such appeal suspends proceedings in the court of first instance unless a judge of the Court of Appeal otherwise decides.

1965 (1st sess.), c. 80, a. 511.