Montmagny

Contact information for the judge in charge of the district of Montmagny
Judge* :  Johanne April
SecretaryÉmilie Tremblay
Telephone :  (418) 649-3077
Fax :  (418) 646-3988
E-mail :  johanne.april@judex.qc.ca

Directives

Family practice cases expected to last more than two hours may be fixed for Tuesday in the second full week.

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

Civil cases
Days and frequency :    Tuesday in the full second week and Wednesday in the full fourth week of the month, except in December and January, when there is only one term.
Time :     
Room :    1.01
Commercial cases
No cases are connected at present to this district
Case management
No authority is connected at present to this district

 

Directives of the judge in charge regarding the operation of the civil and Commercial Practice Division

There are presently no directives issued on this matter.

 

SUMMER VACATION

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

Civil cases
Days and frequency :  
Time :        
Room :       1.01
Commercial cases
No cases are connected at present to this district
Case management
No authority is connected at present to this district

JUDICIAL YEAR

Family cases
Days and frequency :    Monday in the full second week and Wednesday in the full fourth week of the month, except in December and January, when there is only one term.
Time :     
Room :    1.01
Case management
No authority is connected at present to this district

 

Directives of the judge in charge regarding the operation of the civil and Commercial Practice Division

There are presently no directives issued on this matter.

 

SUMMER VACATION

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

Family cases
Days and frequency :  
Time :        
Room :       1.01

 

Case management
No authority is connected at present to this district

 

There is no Administrative Division in the District of Montmagny

Criminal and penal division

The honourable Raymond W. Pronovost

 

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

In the District of Montmagny, 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

Cases expected to last  up to and including five days are fixed in the general roll call.

There are two (May and December) such calls per year and they are held in Room 1.01 at 1h30 pm.

 

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 Montmagny, 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 Montmagny, any application for postponement of a hearing on the merits must be sent to the Honourable Johanne April.

 

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.

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.