c-25.01, r. 0.2.2 - Regulation of the Superior Court of Québec in civil and family matters for the district of Montréal

À jour au 1^er août 2024

Ce document a valeur officielle.

chapter C-25.01, r. 0.2.2

Regulation of the Superior Court of Québec in civil and family matters for the district of Montréal

Code of Civil Procedure

(chapter C-25.01, a. 63).

DIVISION I PRELIMINARIES

1. The rules set out in the Regulation of the Superior Court of Québec in Civil Matters (chapter C-25.01, r. 0.2.1) are replaced, amended or completed, as the case may be, by the rules set out in this Regulation, which apply in the district of Montréal.

More specifically, rules 22 and 25 of the Regulation of the Superior Court of Québec in Civil Matters are replaced, for the district of Montréal, by the rules in this Regulation.

Decision 2016-05-20, s. 1.

1.1. Lexius applications. The applications covered by the Regulation respecting the Pilot project relating to digital transformation of the administration of justice (chapter C-25.01, r. 6.3) that concern class actions, commercial cases and applications dealt with according to the procedure for non-contentious proceedings, are governed for the duration of the pilot project by the special procedural rules provided therein, by those specifically adopted in Schedule 1 to this Regulation, in Schedule 1 to the Regulation of the Superior Court of Québec in civil matters (chapter C-25.01, r. 0.2.1) and by directives of the Superior Court of Québec, as a complement to the terms of use for the Lexius platform.

Decision 2024-03-14, s. 2.

DIVISION II ROLLS FOR HEARING

2. Under the authority of the Chief Justice, the master of the rolls distributes the cases among the available judges according to the nature of each case and the anticipated duration of the trial.

The roll for hearing thus prepared shows the name of the judge, the number of the case, the name of the parties and their lawyers, the date and hour of hearing and the number of the court room.

Decision 2016-05-20, s. 2.

3. At least 2 months before the opening of the term, the master of the rolls posts the roll for hearing on the website or otherwise and notifies, by messenger or by mail, an extract of the roll relating to their cases to each of the lawyers of record or to the parties if they have no lawyer.

The transmission to the lawyers by the clerk of an extract of the roll relating to their cases constitutes the notice to lawyers required by article 178 of the Code of Civil Procedure (chapter C-25.01).

Decision 2016-05-20, s. 3.

DIVISION III HEARING OF CASES

4. If a case cannot be heard in the court room where it has been fixed for hearing, the master of the rolls, under the authority of the Chief Justice, refers it to another judge who is available, in such manner as will assure the greatest efficiency; if there is no judge available for either sitting on that day, the master of the rolls fixes the case as soon as possible on a subsequent roll.

Decision 2016-05-20, s. 4.

5. The trial of a case which has been started must continue until it has been completed without adjournment to a subsequent session of the Court. If it cannot be completed, the master of the rolls must fix it as soon as possible on a subsequent roll.

Decision 2016-05-20, s. 5.

DIVISION IV POSTPONEMENTS

6. Any request for a postponement is made within 30 days of the publication of the roll for hearing, by written application presented before the judge in chambers; the judge disposes of the application at discretion and may, if granting the postponement, fix the case for hearing as soon as possible on a subsequent roll or ask the clerk to place it on the roll for the fixing of another date.

Decision 2016-05-20, s. 6.

7. Subject to article 265 of the Code of Civil Procedure (chapter C-25.01), no later application for postponement may be taken into consideration unless there are truly exceptional circumstances which have been alleged by written application presented to the Chief Justice, who decides the matter at discretion.

Decision 2016-05-20, s. 7.

8. An advocate who is unable, for serious reasons, to make a written application for postponement before the case is called may communicate orally or in writing with the Chief Justice or the presiding judge.

Decision 2016-05-20, s. 8.

DIVISION V SUMMARY ROLL

9. Applications to have a case fixed on the summary roll may be presented to the officer appointed by the Chief Justice on Mondays and Tuesdays of each week between 2:00 p.m. and 4:00 p.m. or at such other time as may be fixed by the Chief Justice.

Decision 2016-05-20, s. 9.

DIVISION VI PRACTICE CHAMBER

10. The Chief Justice determines the number of sections of the Practice Chamber. The distribution of cases therein is made according to the instructions of the Chief Justice.

Decision 2016-05-20, s. 10.

11. Unless the Chief Justice decides otherwise, notice of presentation of any proceeding is given for 9:15 a.m. in the rooms designated respectively for civil matters, family matters or for the special clerk.

Decision 2016-05-20, s. 11.

12. Any proceeding in respect of which no interested lawyer appears before the final daily adjournment is struck from the roll.

Decision 2016-05-20, s. 12.

13. Any proceeding which has already been adjourned twice and with respect to which the parties are not ready to proceed is struck from the roll.

Decision 2016-05-20, s. 13.

DIVISION VII DELEGATION OF POWERS BY THE CHIEF JUSTICE

14. The Chief Justice may designate a judge to hear and dispose of applications made under any of these rules of practice.

Decision 2016-05-20, s. 14.

DIVISION VIII FINAL PROVISIONS

15. This Regulation replaces the Rules of practice of the Superior Court of the district of Montréal in Civil Matters and Family Matters (chapter C-25.01, r. 11).

Decision 2016-05-20, s. 15.

SCHEDULE 1

(s. 1.1)

REGULATION OF THE SUPERIOR COURT OF QUÉBEC RELATING TO LEXIUS APPLICATIONS IN CIVIL MATTERS

(1) For the duration of the pilot project as regards applications relating to class actions, commercial cases and applications dealt with according to the procedure for non-contentious proceedings provided for in the Regulation respecting the Pilot project relating to digital transformation of the administration of justice (chapter C-25.01, r. 6.3), the following provisions of this Regulation are amended or revoked as indicated in this Schedule where they apply to an application covered by the pilot project.

The text that differs from the text otherwise in force is highlighted by the underlining of added text and a strikethrough line for deleted portions.

(2) Section 1 is amended as follows:

“1. The rules set out in the Regulation of the Superior Court of Québec in civil matters (chapter C-25.01, r. 0.2.1) are replaced, amended or completed, as the case may be, by the rules set out in this Regulation, which apply in the district of Montréal.

More specifically, rules 22 and 25 of the Regulation of the Superior Court of Québec in civil matters are replaced, for the district of Montréal, by the rules in this Regulation, to the extent they enter into conflict with the latter rules.”.

(3) Section 3 is amended as follows:

“3. At least 2 months before the opening of the term, the master of the rolls posts the roll for hearing on the website or otherwise and notifies, by messenger or by mail,by a technological means an extract of the roll relating to their cases to each of the lawyers of record or to the parties by any means if they have no lawyer.

The transmission to the lawyers by the clerk of an extract of the roll relating to their cases constitutes the notice to lawyers required by article 178 of the Code of Civil Procedure (chapter C-25.01).”.

(4) Section 6 is amended as follows:

“6. Any request for a postponement is made within 30 days of the publication of the roll for hearing, by written application presented before the judge in chambers; the judge disposes of the application at discretion and may, if granting the postponement, fix the case for hearing as soon as possible on a subsequent roll or ask the clerk to place it on the roll for the fixing of another date. The request must be made using the Lexius platform, except in the case of a self-represented natural person who, as provided in the provisions of the Regulation respecting the Pilot project relating to digital transformation of the administration of justice, may file a pleading in hard copy.where it is made by a lawyer, must be made by the technological means put in place for that purpose.”.

(5) Section 8 is amended as follows:

“8. An advocate who is unable, for serious reasons, to make a written application for postponement before the case is called may communicate orally or in writing using the technological means put in place for that purpose with the Chief Justice or the presiding judge.”.

(6) This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec.

Decision 2023-06-20, s. 1; Decision 2024-03-14, ss. 1 and 3.

TRANSITIONAL

2024

(Decision 2024-03-14) SECTION 4. This Regulation is in force with respect to the judicial district of Montréal for the period during which the Regulation respecting the Pilot project relating to digital transformation of the administration of justice (chapter C-25.01, r. 6.3) is in force for that district.

REFERENCES

Decision 2016-05-20, 2016 G.O. 2, 2174

Decision 2023-06-20, 2023 G.O. 2, 1786

Decision 2024-03-14, 2024 G.O. 2, 3265