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Directive

To avoid needless travel, all attorneys or parties coming from outside the region and attorneys with clients or witnesses coming from outside the region must check with the coordinating judge or the court office to find out whether the case in which they are involved can be heard on the date of its notice of presentation or the date on which the record is submitted.

In general, the Superior Court sits in one division. Two divisions may sit at the same time during the year; if so, the second division gives priority to cases requiring five (5) days of hearing.

Cases heard in chambers

Outside regular terms, if there is an emergency the attorneys must make an appointment with the coordinating judge’s secretary in order to submit their request to the judge.

Interpreters

At all times that testimony must be given in a language other than French, the party’s attorney, or the party if it is representing itself, must make arrangements to have an interpreter who can translate the testimony into French in court, except with the consent of the court.

Applications for postponement

Applications for postponement of a case on the merits must be submitted to the judge by letter, with a copy to the opposing party’s attorney, inviting him or her to agree to or oppose the postponement.

Hearings before the Senior Associate Chief Justice

Hearings before the Senior Associate Chief Justice are held on Wednesdays at 10 a.m.  . (Phone: (418) 649-3451  Fax: (418) 646-7734) 
 
During judicial vacations, they are held on the day the justice determines.  If a matter is urgent, a hearing may be requested at any time.
 
Demands are heard by telephone conference.  Any party or attorney who wants to be present for the hearing must inform the office of the Senior Associate Chief Justice beforehand.

Class Actions

As soon as an application for authorization to institute a class action is filed, the court clerk notifies the judge coordinating class actions.

A judge is then designated to manage the case, dispose of the demand for authorization and, if applicable, hear the demand on its merits.

The Honourable Claude Bouchard coordinates class actions.

THE REGISTRY OF CLASS ACTIONS

Article 573 of the Code of Civil procedure provides for the creation of a central registry of class actions instituted in Québec. The registry is into force since January 1, 2009.

As of January 1, 2009, the registry of class actions provides an overview of the class actions instituted in Québec. It enables attorneys and the general public to obtain relevant information on any class action instituted in Québec as of January 1, 2009. The registry of class actions is linked to the National Class Action Database of the Canadian Bar Association. Thus, a proceeding entered in the registry of class actions is automatically transferred into the National Class Action Database.

So, effective January 1, 2009, as part of the case management of class actions, attorneys acting on behalf of applicants must comply with the following procedure: The filing of a motion for authorization to institute a class action, a motion to institute a class action proceeding or any amendment to these proceedings must be followed as soon as possible by an entry in the registry of class actions, found on the following site: Registre des actions collectives   www.tribunaux.qc.ca.  The link “Accès aux avocats” (access for attorneys) makes it possible for you to enter proceedings, after you identify yourself by means of your Barreau du Québec access code. Proceedings are prepared in PDF format.

Settlement conference

Applications for a settlement conference may be filed as of the date a motion to institute proceedings is served.

The 180-day time limit is not suspended when an application is filed or a conference held (article 163 C.C.P.). However, the judge seized of the conference may order a suspension for a limited time if circumstances justify it.

Such conference must never cause the hearing of a case to be postponed. Moreover, no settlement conference can be held after proof and hearing on the merits has begun.

In the Québec Division, a joint request form for a settlement conference is sent, duly signed, to the Service des conférences de règlement à l'amiable, under the jurisdiction of the Honourable Jacques G. Bouchard, coordinating judge, and is processed by Josée Larouche, who is in charge of the Service. Below is the Service’s contact information:

Cour supérieure
Service des conférences de règlement à l'amiable
Palais de justice
300, boulevard Jean Lesage, bureau R-327
Québec (Québec) G1K 8K6
Telephone: (418) 649-3626
Fax: (418) 528-9953

For additional information, do not hesitate to contact us or go to the Settlement Conference section of our Website.

Civil Practice Division - a.m. and p.m. rolls

DIRECTIVE

To attorneys of the Judicial District of Quebec

Subject: Civil Practice Division - a.m. and p.m. rolls

Maîtres,

As of June 4, 2012, Civil Practice cases expected to last three hours or less may be scheduled for the morning or afternoon.

Please note that this new measure does not apply on Fridays during the judicial year or on Thursdays during the summer period, as those days are reserved for case management.

Yours truly,

Civil Practice Division - Hearing of orders for care

DIRECTIVE

To attorneys of the Judicial District of Quebec

Subject: Civil Practice Division - Hearing of orders for care
 

Maîtres,

As of September 4, 2012, authorization of care cases involving the Institut universitaire en santé mentale de Québec or the Centre hospitalier affilié universitaire de Québec will be heard at the Institut, located at 2601, chemin de la Canardière, Québec (Québec) G1J 2G3.

The notices of presentation for such cases must be filed with the court office no later than 4:30 p.m. on Tuesdays, and mention that the hearing of the motion for authorization of care will be held on the Thursday of the same week, as of 9:30 a.m., at the Institut universitaire en santé mentale de Québec, 6th floor, Room K-6159.

Cases involving other hospital centres will continue to be heard in the Civil Practice Division, Room 3.14, on Wednesdays et Thursdays, as of 8:45 a.m.

JUDICIAL YEAR

Ordinary procedure in the civil practice division
 

When the court is sitting in the practice division, the practice roll and the roll of contested cases for the week, if any, are called at 9 a.m. Cases ready for hearing are heard, time permitting.

Civil demands within the jurisdiction of the special clerk are submitted to her, and other cases remain before the judge.

The court office must first be informed of any civil or other case requiring a hearing of more than an hour and a half (90 minutes), so that the coordinating judge can fix it on a special roll.

In all cases, hearings proceed in accordance with the importance and urgency of the cases; first family matters, then civil matters.

Summer vacation
 

Only urgent cases are heard during the summer.

In July and August, the roll is called on the first day of practice; the second day is set aside for cases requiring a hearing of more than 90 minutes or any other case fixed by the coordinating judge.

SUMMER VACATION

In July and August, the Superior Court sits according to the following schedule 

JUDICIAL YEAR

Ordinary procedure in the civil practice division
 

When the court sits in the practice division, the practice roll (family, civil and bankruptcy matters) and the roll of the week’s contested cases, if any, are called at 9 a.m. Cases that are ready to proceed and matrimonial cases with all the required exhibits are heard if time permits.

Family motions are submitted to the special clerk if they are within her jurisdiction, and other cases remain before the judge.

The court office must first be informed of any case requiring a hearing of more than an hour and a half (90 minutes) so that the coordinating judge can fix it on a special roll.

In all cases, hearings proceed in accordance with the importance and urgency of the cases; first family matters, then civil matters.

Default and ex parte divorce and separation from bed and board cases with agreements may be filed with the court office at any time after expiry of the deadlines. Once verified, the complete records are referred to the judge in his or her chambers for judgment to be rendered.

Summer vacation
 

Only urgent cases are heard during the summer.

In July and August, the roll is called on the first day of practice; the second day is set aside for cases requiring a hearing of more than 90 minutes or any other case fixed for hearing by the coordinating judge.

SUMMER VACATION

In July and August, the Superior Court sits according to the following schedule 

JUDICIAL YEAR

A special roll is kept by the judge in charge of the district.

The Administrative Division sits

SUMMER VACATION

The Administrative Division does not sit during the summer vacation.

Criminal and penal division

The honourable Raymond W. Pronovost

, the judge responsible for the criminal division, coordinates its activities.

In the District of Baie-Comeau

, the Criminal and Penal Division does not sit on a set date. However, cases are dealt with by priority, according to availability. When required, the attorney must file his or her motion with the court office. The court clerk contacts the judge in charge of the criminal wing, who will see that the date for the hearing of the motion is fixed.

Statutory and criminal appeals

Attorneys file their notices of appeal with the court office. The court clerk notifies the Honourable Raymond W. Pronovost

, judge in charge statutory and criminal appeals. When the record is complete and the parties are ready to proceed, the court clerk informs the attorneys of the hearing date.

Any application for postponement must be sent to the Honourable Justice

Raymond W. Pronovost. The attorney involved must call him at : (819) 536-3629

Please read the following directives and notices issued by the Honourable Raymond W. Pronovost, concerning the appeals in the districts other than Quebec.

Directive

DIRECTIVES under the Rules of Practice of the Superior Court of the Province of Quebec, Criminal Division (2002) and the Rules of practice of the Québec Superior Court in Penal Matters

You have filed a notice of appeal under Part XXVII of the Criminal Code or the Code of Penal Procedure.

When filing your notice of appeal, you must make the necessary arrangements to have the proceedings in first instance transcribed. If, for an exceptional reason, you want to be dispensed from filing the stenographic notes, you must, within 15 days, file a motion in this regard with the judge in charge.

As soon as the notes are 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, Criminal Division (2002). Appellants must file a memorandum, within 30 days, setting out their arguments together with supporting jurisprudence. The respondent will also have 30 days to file a memorandum and jurisprudence.

After that time period, the cases are placed on the hearing roll.

General roll calls in civil and family cases

In the general roll call below, the attorneys in the cases must, personally or through correspondents, make the judge aware of any development likely to affect the length of the hearing, and be able to indicate their availability for each of the terms mentioned in the notice sent by the court office of the Superior Court of the courthouse concerned.
 

Short hearings on the merits

There is no general roll call. Cases of an anticipated duration up to five days are fixed by the judge in charge of the district.

Long hearings on the merits

Cases expected to last more than five days are referred to the long case wing. Long cases are fixed for hearing by the judge in charge, the Honourable

Marie-Paule Gagnon.

In the district of Baie-Comeau, the judge in charge of long cases fixes the hearing dates in cooperation with the judge in charge of the district.

Short hearings on the merits

In the district of Baie-Comeau, any application for postponement of a hearing on the merits or fixed in the Administrative Division must be sent to the Honourable Serge Francoeur.

Long hearings on the merits

Any application for postponement of a long hearing on the merits must be sent to the Honourable Marie-Paule Gagnon, judge in charge of long cases (Fax : (418) 528-9818)

Unless otherwise indicated, the judge in charge of long cases fixes the date of their hearing by technological means.

Attorneys must notify the judge in charge, the judge he or she designates or the special clerk, as the case may be, of any settlement in the cases to be heard on the merits, and the contested motions must be fixed in advance for hearing as soon as the settlement occurs so that other cases or motions can be fixed for hearing.

Settlement conferences

As soon as a demand for authorization to institute a class action is filed, the court clerk notifies the judge coordinating class actions.

A judge is then designated to manage the case, dispose of the demand for authorization and, if applicable, hear the demand on its merits.

The Honourable Simon Hebert coordinates class actions.