C-25.01, r. 5 - Rules of practice in civil matters of the Superior Court (District of Québec)

À jour au 1^er septembre 2012

Ce document a valeur officielle.

chapter C-25.01, r. 5

Rules of practice in civil matters of the Superior Court (District of Québec)

Code of Civil Procedure

(chapter C-25.01, a. 63).

The former alphanumerical designation of this Regulation was: chapter C-25, r. 12.

Decision 2001-06-01; Decision 2004-07-23, ss. 1 and 2.

1. CONFIDENTIAL EXHIBIT

The party who wishes that be kept confidential a medical report or any report prepared by a physician, a psychologist or a social worker shall file the same with the Office of the Court in a sealed envelope, identified like the backing of a proceeding, and marked “Confidential” (3 R.C.P.(S.C.)).

Decision 2001-07-26, s. 1.

2. EVIDENCE OUT OF COURT

A Judge who authorizes that a witness be heard out of Court under article 196 of the Code of Civil Procedure (chapter C-25) must keep the matter before him.

Decision 2001-07-26, s. 2.

3. JOINDER OF ACTIONS

3.1 Service. All motions for joinder of actions shall be served on all the parties named in each action (arts. 270, 271 C.C.P.).

3.2 Consolidated certificate. The Clerk who joins actions shall issue one consolidated attestation of readiness for all the cases; he may ask each party for a new declaration on the estimated duration of the joined cases.

Decision 2001-07-26, s. 3; Decision 2004-07-23, s. 3.

4. ADMINISTRATIVE DIVISION

4.1 A lengthy Practice Division matter, that is, of more than 3 hours is referred to the roll of the Administrative Division by the Judge presiding the Practice Division.

4.2 Before doing so, the Judge shall ensure that the file is complete and that the case is ready for proof and hearing, in which event he shall determine the duration thereof.

4.2.1 In the case of a motion for judicial review or evocation, the Judge called upon to fix the date of the hearing, having consulted the assistant to the Chief Justice, shall manage the proceeding by determining with the parties:

(a)  the questions in dispute;

(b)  the applicable standard of review;

(c)  the reason for which the decision should be reviewed, cancelled or upheld;

(d)  the duration of the hearing and the date of filing of

i.  exhibits, if any;

ii.  authorities.

4.2.2 In the case of a motion for an interlocutory injunction, the Judge called upon to fix the date of the hearing, having consulted the assistant to the Chief Justice, manages the proceeding by determining with the parties:

(a)  the questions in dispute;

(b)  the date of filing of

i.  the affidavits necessary to establish the facts;

ii.  the documents that the parties intend to refer to (art. 754.1 C.C.P);

(c)  the number and identity of the witnesses, if any (art. 754.2 C.C.P), and the subject of their testimonies;

(d)  the date on which out-of-court examinations are held and filed;

(e)  the duration of the hearing.

4.3 If the file is incomplete, the Judge shall determine a timetable for completion and refer the case to a case management roll.

4.4 If the nature or complexity of the case warrants, the timetable shall include the filing of the Summary Declaration That the Record is Complete (Form IIIA of R.C.P.(S.C.)).

4.5 At the case management proceeding, the Judge shall hold a summary pre-hearing conference (art. 279 C.C.P.) and, if the case is ready for proof and hearing, he shall determine the duration thereof.

4.6 The roll of the Administrative Division is kept by the Office of the Chief Justice, where one must obtain a set date of hearing when the case is ready to proceed.

Decision 2001-07-26, s. 4; Decision 2004-07-23, ss. 4 and 5; Decision 2006-08-04, s. 2; Decision 2008-05-30, s. 2.

5. INSTRUCTIONS

The procedure in the Family Division is established by written instructions from the Chief Justice; copies of same are available at the Office of the Court.

Decision 2001-07-26, s. 5.

6. DATE OF HEARING

6.1(Revoked).

6.2 The party who files a joint demand must immediately require the Office of the Court to set a date for hearing (art. 814.1 C.C.P.).

Decision 2001-07-26, s. 6; Decision 2004-07-23, s. 6.

7. PROOF BY MEANS OF AFFIDAVIT

If the proof is made by means of affidavits, a Judge may dispose without hearing of the joint demands and the cases by default and ex parte (art. 38 C.C.P. and s. 25 Divorce Act (R.S.C. 1985, c. 3 (2nd Suppl.)).

Decision 2001-07-26, s. 7.

8. A hearing which has begun shall be terminated without delay (art. 288 C.C.P.).

Decision 2001-07-26, s. 8.

9. (Revoked).

Decision 2001-07-26, s. 9; Decision 2004-07-23, s. 6.

10. LENGTHY CASES

(arts. 275, 276 C.C.P.)

10.1 A lengthy case is one where the estimated duration of the hearing as per the attestation of readiness is more than 5 days.

10.2 The Chief Justice designates a Judge responsible for all lengthy cases for all the districts of the Division.

10.3 The Judge responsible for a district countersigns the attestation of readiness issued by the Clerk, after checking the duration, and the file is then forwarded to the Judge responsible for lengthy cases.

10.4 Once the attestation of readiness is issued, copy of any incidental demand shall be reported to the Judge in charge of lengthy cases until the case has been referred to a Judge for proof and hearing, after which, notification shall be given to that Judge who may decide to keep the proceeding before him.

Decision 2001-07-26, s. 10; Decision 2004-07-23, s. 7.

11. JURISDICTION

The following motions shall be made before the Chief Justice: for adjournment made prior to the beginning of the trial, for preferential hearing and for joinder of actions if either case is already inscribed on a roll for hearing.

Decision 2001-07-26, s. 11.

11.1. Any request for postponement of a case already fixed for proof and hearing on the merits must be authorized by the Senior Associate Chief Justice or by the Judge responsible for all lengthy cases, if the case is a lengthy one.

Decision 2006-08-04, s. 3.

12. HEARINGS

Hearings before the Senior Associate Chief Justice are held by telephone conference, from 10:00 a.m. to noon on Wednesdays, and on such day as he may determine during the judicial vacation; if a matter is urgent, one may request an hearing at any time.

If a party or his or her attorney wants to be present at the hearing, a previous notice must be sent to the office of the Senior Associate Chief Justice and to the other party.

Decision 2001-07-26, s. 12; Decision 2004-07-23, s. 8; Decision 2006-08-04, s. 4.

13. POSTPONEMENT OF PRESENTATION

If the parties are absent on the day indicated for the presentation of the action or application (motion to institute proceedings), the case shall be postponed for 2 weeks and a copy of the minutes shall be sent to the attorneys.

Similarly the parties may agree, only once, on a postponement of 2 weeks.

Decision 2001-07-26, s. 13; Decision 2004-07-23, s. 10.

14. ADDITIONAL TIMETABLE

A request for an extension of the 180-day time limit (art. 110.1 C.C.P.) shall be accompanied by a draft timetable spread over a period of no more than 90 days, except with the permission of the Judge.

Decision 2001-07-26, s. 14; Decision 2004-07-23, s. 11.

DIVISION VII SETTLEMENT CONFERENCE

Decision 2004-07-23, s. 12.

15. REQUEST

The use of “Form A, Joint Request to the Chief Justice for a Settlement Conference” is suggested.

Decision 2004-07-23, s. 12.

16. TIME LIMIT FOR REQUEST

Requests for a settlement conference presented less than 30 days before the date of the hearing on the merits shall be accepted only exceptionally.

Decision 2004-07-23, s. 12.

DIVISION VIII COMMERCIAL DIVISION

Decision 2006-08-04, s. 5.

17.1. A commercial case is one:

(a)  based on any of the following legislative provisions:

Statutes of Canada

— The Bankruptcy and Insolvency Act (R.S.C. 1985, c. B-3);

— The Companies’ Creditors Arrangement Act (R.S.C. 1985, c. C-36);

— The Winding-Up and Restructuring Act (R.S.C. 1985, c. W-11);

— The Canada Business Corporations Act (R.S.C. 1985, c. C-44);

— The Bank Act (S.C. 1991, c. 46) (R.S.C. 1985, c. B-1.01);

— The Farm Debt Mediation Act (S.C. 1997, c. 21);

— The Commercial Arbitration Act (R.S.C. 1985, c. 17 (2nd Suppl.)) (R.S.C. 1985, c. C-34.6);

Statutes of Québec

Code of Civil Procedure (chapter C-25);

— Article 946.1 (homologation of an arbitration award);

— Article 949.1 (recognition and execution of an arbitration award rendered outside Québec);

— The Companies Act (chapter C-38);

— The Winding-Up Act (chapter L-4);

— The Securities Act (chapter V-1.1);

— The Act respecting the Autorité des marchés financiers (chapter A-33.2);

(b)  any other case declared as a commercial one by the Senior Associate Chief Justice or a judge and designated by the Senior Associate Chief Justice whether on application or on his or her initiative.

Decision 2006-08-04, s. 5.

17.2. The Commercial Division has its own Registry and a distinct jurisdictional numeration (number “11”).

Decision 2006-08-04, s. 5.

17.3. Any proceeding in the Commercial Division must mention the words “Commercial Division” on the front page and on the backing below “Superior Court”.

Decision 2006-08-04, s. 5.

17.4. A commercial case is presented in the Civil Practice Division and preference of hearing is given to such a case on the second week, which usually corresponds to the third week of the month.

Decision 2006-08-04, s. 5.

17.5. A commercial case is heard in the Administrative Division when the estimated duration is more than 3 hours.

Sections 4.1 to 4.6 apply to the management of those cases, with the necessary modifications.

Decision 2006-08-04, s. 5; Decision 2010-06-29, s. 2.

17.6. The section on Special Case Management (art. 151.11 C.C.P.) may apply to a commercial case.

Decision 2006-08-04, s. 5.

17.7. For any hearing of less than 3 hours, a date is set by the Special Clerk or the Registrar.

Decision 2006-08-04, s. 5.

17.8. (Revoked).

Decision 2006-08-04, s. 5; Decision 2010-06-29, s. 3.

17.9. Any request for a postponement of a case of more than 3 hours must be authorised by the Senior Associate Chief Justice.

Decision 2006-08-04, s. 5.

17.10. Urgent commercial cases are heard by the judge in chambers.

Decision 2010-06-29, s. 4.

DIVISION IX USE OF A TECHNOLOGICAL MEANS

Decision 2008-05-30, s. 3.

18.1. Extension of the 180-day time limit. Any application for extension of the 180-day time limit (art. 110.1 C.C.P.) presented to the Court must specify the reasons for the extension and be accompanied by a draft agreement (amended if necessary) on the conduct of the proceeding, with a mention that it is contested or not.

It must be transmitted to the Office of the Court before 4:00 p.m. on Tuesday of each week, in order to be heard on Friday between 9:00 a.m. and 10:00 a.m., in a case management hearing, by telephone conference held on the Court’s initiative.

Decision 2008-05-30, s. 3.

18.2. Duty judge or judge in chambers. A motion to the duty judge or the judge in chambers not requiring the hearing of witnesses may be heard by telephone conference or videoconference, after 24 hours advance notice.

Decision 2008-05-30, s. 3.

18.3. Motions in Practice Division. The Court may authorize the presentation of a motion fixed in the Civil Practice, Family, Administrative, Commercial or Criminal Division by telephone conference or videoconference, if the parties agree thereto and after 48 hours advance notice to the judge assigned to the division concerned.

Decision 2008-05-30, s. 3.

18.4. Hearing of witnesses. With the authorization of the Court, witnesses may be heard by way of videoconference at the hearing of a motion to institute proceedings, after 7 days advance notice to the judge in chambers.

Decision 2008-05-30, s. 3.

18.5. Videoconferencing. The Court may authorize an examination on discovery, an examination on an affidavit or an examination of a witness out of court to be held by way of videoconference if the manner proposed appears to be reliable and proportional to the circumstances of the case, taking into account the available facilities, after 48 hours advance notice to the judge in chambers (arts. 4.1, 4.2 of the Code of Civil Procedure and 2869, 2870, 2874 of the Civil Code).

Decision 2008-05-30, s. 3.

FORM A

 _________________________________________________________________________________
|                                                                                 |
| (Identification of the file and description of the parties)      Superior Court |
|                                                                                 |
|  __________, 20  .        Joint Request to the Chief Justice1                   |
|                               for a Settlement Conference                       |
|                                  (Art. 151.15 C.C.P.)                           |
|                                                                                 |
| 1.  We request that such a conference be held to help us find a mutually        |
|     satisfactory solution to our dispute.                                       |
|                                                                                 |
| 2.  We believe there is a possibility of a negotiated solution and each         |
|     signatory declares that he is prepared to make reasonable concessions to    |
|     arrive at such a solution.                                                  |
|                                                                                 |
| 3.2 The following is a summary3 of the questions at issue:                      |
|                                                                                 |
|     ___________________________________________________________________________ |
|                                                                                 |
|     ___________________________________________________________________________ |
|                                                                                 |
|     ___________________________________________________________________________ |
|                                                                                 |
|                                                                                 |
| 4. Each party agrees to maintain the confidentiality of “anything said or       |
|    written during [the] settlement conference” (article 151.21).                |
|                                                                                 |
| 5. We understand that “the settlement conference does not suspend the           |
|    proceeding” (article 151.19).                                                |
|                                                                                 |
| 6. We wish to have our attorneys present at the conference (article 151.17).    |
|                                                                                 |
|     _________________________________       __________________________________  |
|                applicant                              defendant                 |
|_________________________________________________________________________________|
|                                         |                                       |
| Attorney in charge of the file:         | Attorney in charge of the file:       |
| Name: _________________________________ | Name: _______________________________ |
| Firm: _________________________________ | Firm: _______________________________ |
| Address: ______________________________ | Address: ____________________________ |
| _______________________________________ | _____________________________________ |
| Phone: ________________________________ | Phone: ______________________________ |
| Fax: __________________________________ | Fax: ________________________________ |
|_________________________________________|_______________________________________|

---

1 Send the request to the Service des conférences de règlement à l’amiable (C.S.), Palais de justice, 300, boulevard Jean-Lesage, bureau R-327, Québec (Québec) G1K 8K6.

2 Or: 3. Enclosed herewith is a copy of the joined issue or... the “Rules 15” or ... the declarations in accordance with arts. 274.1 and 274.2 C.C.P.

3 Maximum of 10 lines.

Decision 2004-07-23, Form. A.

REFERENCES

Decision 2001-06-01, 2001 G.O. 2, 4768

Decision 2004-07-23, 2004 G.O. 2, 2670

Decision 2006-08-04, 2006 G.O. 2, 2914

Decision 2008-05-30, 2008 G.O. 2, 4323

Decision 2010-06-29, 2010 G.O. 2, 2264