Beauharnois (Salaberry-de-Valleyfield)

Coordinator for the district of Beauharnois (Salaberry-de-Valleyfield)
Judge*:  Hon. François P. Duprat
Assistant:Valérie Marcil
Phone:  450 370-4012
Fax:  450 370-4015
E-mail :   coordocsmtl@judex.qc.ca

 

Master of the rolls, Superior Court
Phone :  450-370-4030
Fax :  450-370-3022

Motions concerning health care – District of Beauharnois
Motions in cases proceeding by default – District of Beauharnois
Applications for discharge from bankruptcy – District of Beauharnois
Applications for child support – District of Beauharnois
Pratique familiale - Remises – District of Beauharnois (Translation pending, please refer to the french version)

 

Day and frequency :    Fridays ( approximately twice per month on predetermined days ) *
Time :    8:45 a.m.
Courtroom :3

 

Case management
Day and frequency :    Fridays ( approximately twice per month on predetermined days ) *
Time :9 a.m.
Courtroom :5

 

 

SUMMER VACATION

During July and August, the Superior Court will sit as follows:

Day and frequency :    Two Wednesdays in July and one Wednesday in August*
Time :9 a.m.
Courtroom:5

 

Case management
Day and frequency :Two Wednesdays in July and one Wednesday in August*
Time :9 a.m.
Courtroom :5

 

The roll for contested applications and the general roll will be called in courtroom 5, where contested and non-contested applications will also be heard.

Contested cases will be heard by the judge sitting in the second division in courtroom 6.

The judge sitting in the second division may sit in another courtroom.You will be advised accordingly.

 

Form: Joint Declaration to Fix a Hearing of More than Two Hours

* Always check the Superior Court roll to validate the date of a hearing.

 

Day and frequency :    Thursdays depending on the week, Wednesdays or Fridays *
Time :    8:45 a.m.
Courtroom :3

 

Case management
Day and frequency :    Every Thursday and Friday *
Time :9 a.m.
Courtroom :5

 

 

SUMMER VACATION

During July and August, the Superior Court will sit as follows:

Day and frequency :    Three Thursdays in July and every Thursday in August *
Time :9 a.m.
Courtroom:5

 

Case management
Day and frequency :Three Thursdays in July and every Thursday in August *
Time :9 a.m.
Courtroom :5

 

The attorneys or parties involved in a case on the general roll must appear before the special clerk to inform the clerk about the progress of the case;

The roll of contested applications will be called, and applications to add cases to the roll will be heard, by the judge sitting in first division in courtroom 5 at 9 a.m.;

Hearings before the judge sitting in first division begin at 9 a.m.;

Hearings before the judge sitting in second division in courtroom 6 begin at 9:30 a.m.

 

Form: Joint Declaration to Fix a Hearing of More than Two Hours

* Always check the Superior Court roll to validate the date of a hearing.

Any proceeding in a commercial matter must be filed at the civil division clerk’s office.

For the General Directives Governing the Commercial Division, see the Directives de la Cour supérieure pour le District de Montréal (English version coming soon) and the Commercial notice of November 2, 2020 - Notice concerning operations in courtrooms 16.10 and 16.04.

Criminal assizes

riminal assizes are held three times each year in September, January and April. The hearings are held in courtroom 1.

The court sits to hear pro forma criminal applications on the second Thursday of each month.

 

Appeals under statutory and criminal matters

The Criminal and Penal Practice Division sits on fixed dates, determined each year by the coordinating judge for the Criminal Division.

Once an appeal has been filed and found to be in conformity with the Rules of Practice of the Court in Criminal and Penal Matters, the clerk places the case on the roll of the practice chamber for the district. Once the file is complete (in other words, once the stenographic notes have been completed and a time has been set for submitting the notes and the list of case law and doctrine), the judge fixes a date for the hearing in the presence of the attorneys.

When filing a notice of appeal, you must take the necessary steps to have a transcript made of the evidence given in first instance. If, in exceptional circumstances, you wish to be exempted from submitting filing notes, you must submit an application for that purpose to the judge.

As soon as the notes have been filed, the attorneys must comply with sections 11 and 12 of the Rules of Practice of the Québec Superior Court in Penal Matters or section 34 of the Rules of Practice of the Superior Court of the Province of Québec. The appellant must, within 30 days, file a written submission setting out the arguments on which the appellant’s case will rely, together with any supporting case law or jurisprudence. The respondent party then has 30 days to do the same.

Once the time limits have expired, the case is placed on the roll for a hearing.

PRO FORMA ROLL
Day and frequency :  According to the dates provided by the clerk’s office

 

ROLL OF CONTESTED MATTERS
Day and frequency :  According to the dates provided by the clerk’s office

All urgent applications must be presented to the coordinating judge to be dealt with by preference

 

Extraordinary remedy, review of an order and application for extradition

Motions must be filed at the clerk’s office of the Superior Court, and a copy must be forwarded to the office of the coordinating judge so that a date can be fixed for a hearing.

For writs of certiorari, mandamus, prohibition and quo warranto, the applicant must take the necessary steps to have a transcript made of the evidence supporting the recourse sought.

For a writ of habeas corpus, the motion must be filed in the clerk’s office, and the coordinating judge must be informed of the proceeding. In all cases, a hearing date will be fixed without delay to hear the first stage.

Applications for the review, by a judge of the Superior Court, of an order of detention, order of release or application for release (s. 522 C.C.) must be submitted at the clerk’s office of the Superior Court, and must comply with the provisions of the rules of practice of the Court (ss. 20 and 21).

When an application for extradition is contested, the coordinating judge must be informed and the parties must indicate the estimated duration of the proceedings so that a date can be set for the hearing.

As soon as an application for authorization to institute a class action has been filed at the clerk’s office, the  coordinating judge for class actions must be notified of the application.

For the general directives of the Class Actions Chamber, see Title IV (Directives propres aux affaires de la chambre des actions collectives) of the Directives de la Cour supérieure pour le District de Montréal (English version coming soon).

Register of class actions

 

  • September 17, 2012
  • October 24, 2012
  • December 10, 2012
  • January 16, 2013
  • February 19, 2013
  • March 18, 2013
  • April 22, 2013
  • June 17, 2013

A notice of convocation is sent by the master of the rolls.

The roll is generally called in courtroom 5 at 9 a.m. unless otherwise indicated.

Attorneys familiar with the case must be present for the calling of the provisional roll, ready to discuss the case in particular with regard to the following points:

  • The approximate duration of the inquiry and hearing;
  • The matters in dispute;
  • The exhibits, expert testimony, examinations and documents relating to the dispute;
  • The scheduled number of witnesses;
  • The choice of a date for the trial that suits both the attorneys and the parties and witnesses; their availability must be verified before the attorneys attend the calling of the provisional roll.

A failure to meet these requirements may cause the case to be struck off the roll.

1) Judge acting in chambers

On court days, the Motion must be presented when the roll is called. The judge sitting in the first division, taking into account the roll for the day and the duration of the hearing specified in the Motion, determines whether it may be heard.

In other cases, the Motion is referred to the judge sitting in Montréal in the civil case management division in courtroom 2.07.

2) Duty judge

On weekdays on which the court is not sitting, the Motion must be presented to the judge sitting in Montréal in the civil case management division.

At other times, in other words on statutory holidays, at the weekend or after normal court business hours, a duty judge can be contacted through the Montréal courthouse security service at 514-393-2819.

 

1) Application for postponement made on the day of the hearing

In a case proceeding on its merits, whether contested or not, the application must be presented at the calling of the roll to the judge sitting in first division, who decides whether or not to refer the application to the judge assigned to the case.

In a practice case, if the case is on the roll of contested matters, the application must be presented at the calling of the roll to the judge sitting in first division.

In a practice case, if it is on the general roll for a Family Practice Division day, the application must be presented at the calling of the roll to the special clerk who may decide, if the case is contested, to refer the application to the judge sitting in first division.

2) Contested application for postponement made prior to the day of the hearing

In a practice case or a case proceeding on its merits that is contested, the Motion must be presented on a practice day to the judge sitting in first division or to the judge assigned to cases proceeding on their merits.

3) Uncontested application for postponement made prior to the day of the hearing

In an non-contested practice case, upon receipt of a letter to that effect, the application is dealt with directly by the master of the rolls.

In an non-contested case proceeding on its merits, upon receipt of a letter to that effect, the application is dealt with by the coordinating judge or the judge assigned to cases proceeding on their merits.

Every Motion under article 48 C.C.P. is presented to the chief justice or the judge designated for that purpose by the chief justice. To present a Motion, the office of the chief justice(phone: 514-393-2144) must be contacted and, depending on the circumstances, a date will be determined along with the way in which the Motion will be presented and heard.

 

1) Special case management

Applications for special case management must be presented to the coordinating judge on a practice day.

2) Application for a hearing by preference

Applications for a hearing by preference under section 27 of the Rules of Practice in Civil Matters of the Superior Court must be presented in the practice chamber or on a determined date, after notice has been given to the coordinating judge.

All cases scheduled for a hearing of more than three days are referred for a pre-trial conference.

The coordinating judge may also, at the calling of the provisional roll, refer certain cases for a pre-trial conference.

Pre-trial conferences are scheduled by the coordinating judge and generally take place on one or two days each month, at predetermined dates.

The use of technological assistance during hearings at the Salaberry-de-Valleyfield courthouse is possible in the following situations:

Telephone conference call

A directive has yet to be adopted.

Videolink

To hear witnesses during an examination on the merits, a videolink may be used based on the following procedure:

The master of the rolls or chief clerk, as the case may be, must be contacted to make a reservation and ensure that a room and the necessary equipment are available.