Drummond

Coordinator for the district of Drummond
Judge*:  Hon. Steve J.Reimnitz
Assistant:Sylvie Ouellette-Arpin
Phone:  819-478-3184
Fax:  819-475-8486
E-mail :   sylvie.ouellette-arpin@judex.qc.ca

 

Master of the rolls, Superior Court
Phone :  819-478-2513, ext. 67270
Fax :  819-475-8459
Day and frequency :    Thursdays, twice per month and, occasionally, Wednesdays *
Time :    9 a.m.
Courtroom :1.02
Case management
Day and frequency :Thursdays, twice per month and, occasionally, Wednesdays *
Time :    9 a.m.
Courtroom :1.02

 

SUMMER VACATION

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

Day and frequency :    Thursdays, twice per month in July; Thursdays, three times per month in August *
Time :9 a.m.
Courtroom:1.02
Case management
Day and frequency :Thursdays, twice per month in July; Thursdays, three times per month in August *
Time :    9 a.m.
Courtroom :1.02

 

At 9 a.m., the special roll is called before the judge responsible, in courtroom 1.02. Once the special roll has been called, the special clerk calls the general roll in courtroom 1.02 and in courtroom 1.18, the judge responsible hears attorneys making short representations (such as applications to extend a time limit or a contested application for a postponement) until the special clerk has finished calling the general roll. The judge then returns to courtroom 1.02, while the special clerk hears attorneys in courtroom 1.18.

Non-contested cases, by default and ex parte, are heard before contested motions of thirty minutes or less. Cases in which the file is complete may be submitted as soon as the general roll is called.

On the first practice day in the month and, in months with fewer than three practice days, on the second practice day, family matters have priority whereas, on the last practice day in the month, civil matters have priority.

Contested cases requiring a hearing of three hours or less are referred to the special court for a hearing date to be fixed on the special roll. Cases requiring a hearing of more than three hours are referred to the coordinating judge for a hearing date to be fixed.

Interim application

Contested interim applications requiring a hearing of 30 minutes or less are heard as soon as a judge becomes available, either in the morning or afternoon.

A second calling of the roll takes place for suspended cases in courtroom 1.02 at 2 p.m.

 

 

Form: Joint Declaration to Fix a Hearing of More than Two Hours. This form must be used for all hearings concerning a case before the Civil and Administrative Practice Division in the district of Drummond, regardless of duration.

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

Day and frequency :    Thursdays, twice per month and, occasionally, Wednesdays *
Time :    9 a.m.
Courtroom :1.02
Case management
Day and frequency :Thursdays, twice per month and, occasionally, Wednesdays *
Time :    9 a.m.
Courtroom :1.02

 

SUMMER VACATION

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

Day and frequency :    Thursdays, twice per month in July; Thursdays, three times per month in August *
Time :9 a.m.
Courtroom:1.02
Case management
Day and frequency :Thursdays, twice per month in July; Thursdays, three times per month in August *
Time :    9 a.m.
Courtroom :1.02

At 9 a.m., the special roll is called before the judge responsible, in courtroom 1.02. Once the special roll has been called, the special clerk calls the general roll in courtroom 1.02 and in courtroom 1.18, the judge responsible hears attorneys making short representations (such as applications to extend a time limit or a contested application for a postponement) until the special clerk has finished calling the general roll. The judge then returns to courtroom 1.02, while the special clerk hears attorneys in courtroom 1.18.

Non-contested cases, by default and ex parte, are heard before contested motions of thirty minutes or less. Cases in which the file is complete may be submitted as soon as the general roll is called.

On the first practice day in the month and, in months with fewer than three practice days, on the second practice day, family matters have priority whereas, on the last practice day in the month, civil matters have priority.

Contested cases requiring a hearing of three hours or less are referred to the special court for a hearing date to be fixed on the special roll. Cases requiring a hearing of more than three hours are referred to the coordinating judge for a hearing date to be fixed.

Interim application

Contested interim applications requiring a hearing of 30 minutes or less are heard as soon as a judge becomes available, either in the morning or afternoon.

A second calling of the roll takes place for suspended cases in courtroom 1.02at 2:00 p.m.

 

Divorce and separation from bed and board, affidavits

The file is referred to the clerk for a procedural verification. If the file is incomplete, the attorneys or parties are notified. The file, once completed, is sent to the coordinating judge for assessment of the evidence and signing. The list of exhibits must include the birth certificates, the marriage certificate, the affidavits and the agreement.

If, in a divorce case, one of the spouses renounces the right to receive support, the agreement or affidavit must set out the financial resources of each party.

The attorneys for the parties must submit a draft judgment.

 

Form: Joint Declaration to Fix a Hearing of More than Two Hours. This form must be used for all hearings concerning a case before the Family Practice Division in the district of Drummond, regardless of duration.

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


Every case in a commercial matter must be referred to the coordinating judge, who establishes how it will be dealt with.

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.

Appeal in 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 filing a transcript, you must submit an application for that purpose to the judge.

As soon as the transcript has 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 Quebec. 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 certiorarimandamus, 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 Superior 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

 

The provisional roll is called twice during the court year, in May and November.

The provisional roll is called in the afternoon at 2 p.m.

The attorneys concerned will receive notice in accordance with section 18 of the Rules of Practice of the Superior Court of Québec in Civil Matters.

The attorney responsible for the case must be present in order to help find ways to simplify the procedure and shorten the hearing. If the attorney responsible is unable to attend, the attorney present must have special knowledge of the case.

1) Judge acting in chambers

If a judge is available in the Drummond courthouse, every application stamped by the office of the clerk may be presented to the judge in chambers or in the courtroom, as the case may be.

If no judge is available in the Drummond courthouse, a judge acting in chambers is available at the Montréal courthouse every business day, in courtroom 2.07.

To be heard in that courtroom, attorneys must enter their name in a register kept by the usher at the entrance to the courtroom and present the original of the proceeding, stamped by the office of the clerk, for presentation to the judge.

2) Duty judge

In cases of urgency, a duty judge is available at all times outside normal court business hours.

The duty judge can be reached by contacting the courthouse security service (514-393-2819) which will, in turn, contact the duty judge who will then communicate directly with the person making the request.

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

Every application made on the day of the hearing for the postponement of a practice case on the special roll is decided by the judge responsible for the roll of cases proceeding on their merits or, where applicable, by the judge responsible for the roll in practice division.

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

Every contested application for postponement made prior to the day of the hearing must be made by motion and presented on a practice date. The application is decided by the judge responsible for the roll in practice division.

3) Non-contested application for postponement made prior to the day of the hearing

Every non-contested application for postponement made prior to the day of the hearing must be made in writing and addressed to the coordinating judge, who can dispose of it in an appropriate manner in the circumstances.

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

Every application for special case management must be presented in courtroom 1.02 before the judge responsible for the practice chamber, who disposes of it or refers it to the coordinating judge for adjudication.

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 courtroom 1.02 before the judge responsible for the practice chamber. If the application is granted, the case is referred to the coordinating judge for appropriate action.

Generally, cases of long duration (four days or more) are verified by the coordinating judge, in particular to circumscribe the matters in dispute and verify the duration of the examination and hearing.

The verification is conducted in the courtroom at a date fixed by the coordinating judge jointly with the parties.

A party wishing to apply for a pre-trial conference must address a letter to that effect to the coordinating judge, who then communicates with the attorneys to discuss the need for or utility of a pre-trial conference.

The use of technological assistance during hearings at the Drummond courthouse is possible in the following situations:

 

Telephone conference call

For the presentation of an non-contested motion to extend a time limit of 180 days, a case management notice, a motion to examine a third party by consent or a motion for a ruling on foreseeable objections, a conference call may be available on request, on the conditions determined by the coordinating judge.

Videolink

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

a) In criminal cases

A videolink is accessible at all times and paid for by the Ministère de la Justice, provided prior authorization has been obtained from the judge responsible and provided the equipment is available.

If authorization is obtained, the parties must contact the courthouse authorities, at least five days before the date of the hearing, to make the necessary technical arrangements.

b) In civil and family cases

A videolink is accessible at all times, at the expense of the parties, provided prior authorization has been obtained from the judge responsible and provided the equipment is available.

If authorization is obtained, the parties must make the necessary technical arrangements themselves.