GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Regulation of the Court of Québec — 59
59 Case management. Within 60 days following the filing of the notice of appeal or the judgment granting leave to appeal, the associate coordinating judge responsible for the Administrative and Appeal Division, or the judge designated by the associate coordinating judge for that purpose, contacts the parties and, if necessary, summons them to a calling of the roll and, after hearing the representations of the parties or their lawyers: (1) decides on an appropriate means to simplify the proceeding and shorten the hearing, including the advisability of admitting some fact or document and supplying the list of authorities the parties intend to submit; (2) establishes, where applicable, a schedule for the filing of briefs; (3) sets the date of the hearing.
Regulation of the Court of Québec — 60
60 Special case management. When necessary by the nature, character or complexity of a proceeding, the associate coordinating judge responsible for the Administrative and Appeal Division may, on his or her initiative or on request, order special case management. Where applicable, that judge or a judge designated by such a judge for that purpose ensures the orderly progress of the proceeding.
Regulation of the Court of Québec — 61
61 Briefs. If the Act authorizing the appeal contains no specific provisions, the filing of briefs must comply with the provisions of this Regulation. A paper version of the original brief must be filed at the court office of the Court of Québec, with one other copy. Briefs must be notified to the opposing party and to any impleaded party. The copy of the brief may be on paper or in electronic format. In the latter case, the copy must be sent to the associate coordinating judge responsible for the Administrative and Appeal Division in Word format, and a copy in PDF format must be sent to the other parties. The time limits for the filing of briefs are set out in a schedule submitted by the parties and approved by the associate coordinating judge responsible for the Administrative and Appeal Division or a judge designated by the associate coordinating judge for that purpose. In the absence of a schedule, briefs must be filed and notified by the appellant within three months of the notice of appeal, and within the following two months by the respondent. Any other party must file its brief within three months following notification of the appellant’s brief.
Regulation of the Court of Québec — Regulation of the Court of Québec
A paper version of the original brief must be filed at the court office of the Court of Québec, with one other copy. Briefs must be notified to the opposing party and to any impleaded party.
Regulation of the Court of Québec — Regulation of the Court of Québec
The copy of the brief may be on paper or in electronic format. In the latter case, the copy must be sent to the associate coordinating judge responsible for the Administrative and Appeal Division in Word format, and a copy in PDF format must be sent to the other parties.
Regulation of the Court of Québec — Regulation of the Court of Québec
The time limits for the filing of briefs are set out in a schedule submitted by the parties and approved by the associate coordinating judge responsible for the Administrative and Appeal Division or a judge designated by the associate coordinating judge for that purpose. In the absence of a schedule, briefs must be filed and notified by the appellant within three months of the notice of appeal, and within the following two months by the respondent. Any other party must file its brief within three months following notification of the appellant’s brief.
Regulation of the Court of Québec — 62
62 Extension of and failure to comply with time limits. The associate coordinating judge responsible for the Administrative and Appeal Division or a judge designated by the associate coordinating judge for that purpose may extend the time limit for filing a brief if a request is made before the time limit expires. When the law requires the filing of a brief, and where the appellant has failed to file and notify such a brief within the time limit and there is no pending request for an extension, the clerk of the Court of Québec notes the failure and issues a certificate of lapse of appeal.
Regulation of the Court of Québec — Regulation of the Court of Québec
When the law requires the filing of a brief, and where the appellant has failed to file and notify such a brief within the time limit and there is no pending request for an extension, the clerk of the Court of Québec notes the failure and issues a certificate of lapse of appeal.
Regulation of the Court of Québec — 63
63 Content of brief. The appellant’s brief must include the appellant’s arguments and three schedules; the respondent’s brief must include the respondent’s arguments and, if necessary, one or more of the appellant’s schedules, with complementary information.
Regulation of the Court of Québec — 64
64 Argument. Each argument must be divided into five parts: — Part I ( facts ): the appellant must succinctly recite the facts. The respondent may comment and relate additional facts. — Part II ( issues in dispute ): the appellant must concisely list the issues in dispute. The respondent may answer and state any other relevant issue. — Part III ( submissions ): each party must develop its submissions, with specific reference to the content of the schedules. — Part IV ( conclusions ): each party must state the precise conclusions it seeks. — Part V ( authorities ): each party must prepare a list of authorities that includes a specific reference to the paragraph(s) at which they are cited.
Regulation of the Court of Québec — —
— Part I ( facts ): the appellant must succinctly recite the facts. The respondent may comment and relate additional facts.
Regulation of the Court of Québec — —
— Part II ( issues in dispute ): the appellant must concisely list the issues in dispute. The respondent may answer and state any other relevant issue.
Regulation of the Court of Québec — —
— Part III ( submissions ): each party must develop its submissions, with specific reference to the content of the schedules.
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— Part IV ( conclusions ): each party must state the precise conclusions it seeks.
Regulation of the Court of Québec — —
— Part V ( authorities ): each party must prepare a list of authorities that includes a specific reference to the paragraph(s) at which they are cited.
Regulation of the Court of Québec — 65
65 Joint statement. The joint statement, if any, must be reproduced by the appellant at the beginning of Schedule III, referred to in section 66 of this Regulation.
Regulation of the Court of Québec — 66
66 Number of pages. The first four parts of the argument cannot exceed 30 pages.
Regulation of the Court of Québec — 67
67 Schedules. The appellant’s brief must consist of three schedules, reproducing: — in Schedule I: the judgment or decision appealed from, including reasons and, if applicable, the previous judgment or decision submitted for judicial review or appealed to the Court of Appeal, with the minutes of the trial on the merits in first instance; — in Schedule II: (a) the notice of appeal (article 352 of the Code of Civil Procedure (chapter C-25.01)) and, if applicable, the application for leave to appeal (article 357 of the said Code) and the judgment granting leave; (b) the proceedings of the joined issue; (c) all applicable statutory provisions, other than those of the Civil Code of Québec and the Code of Civil Procedure ; — in Schedule III: all and only those exhibits and depositions necessary for the Court of Québec to decide the issues in dispute (article 372, first paragraph, of the Code of Civil Procedure (chapter C-25.01)).
Regulation of the Court of Québec — —
— in Schedule I: the judgment or decision appealed from, including reasons and, if applicable, the previous judgment or decision submitted for judicial review or appealed to the Court of Appeal, with the minutes of the trial on the merits in first instance;
Regulation of the Court of Québec — —
— in Schedule II: (a) the notice of appeal (article 352 of the Code of Civil Procedure (chapter C-25.01)) and, if applicable, the application for leave to appeal (article 357 of the said Code) and the judgment granting leave; (b) the proceedings of the joined issue; (c) all applicable statutory provisions, other than those of the Civil Code of Québec and the Code of Civil Procedure ;
Regulation of the Court of Québec — (a)
(a) the notice of appeal (article 352 of the Code of Civil Procedure (chapter C-25.01)) and, if applicable, the application for leave to appeal (article 357 of the said Code) and the judgment granting leave;
Regulation of the Court of Québec — (b)
(b) the proceedings of the joined issue;
Regulation of the Court of Québec — (c)
(c) all applicable statutory provisions, other than those of the Civil Code of Québec and the Code of Civil Procedure ;
Regulation of the Court of Québec — —
— in Schedule III: all and only those exhibits and depositions necessary for the Court of Québec to decide the issues in dispute (article 372, first paragraph, of the Code of Civil Procedure (chapter C-25.01)).
Regulation of the Court of Québec — 68
68 Excerpts. Schedule III may be produced by technological means, in which case only the excerpts to which the arguments refer are produced as a paper version. Each page of the technological version shall use the same pagination as on the paper version.
Regulation of the Court of Québec — Regulation of the Court of Québec
Each page of the technological version shall use the same pagination as on the paper version.
Regulation of the Court of Québec — 69
69 Final requirements. On the last page of the brief, its author must (article 99, third paragraph, Code of Civil Procedure (chapter C-25.01)): (1) attest that the brief complies with the requirements of the Regulation of the Court of Québec; (2) undertake to make available to any other party, at no cost, the depositions in its possession in paper or electronic format; (3) indicate the time needed for oral argument, including the reply.
Regulation of the Court of Québec — 70
70 Incidental appeal. The content of a brief for an incidental appeal is the same as that of a brief for a principal appeal, excluding that which has already been produced in the latter. The argument of the incidental appellant must be divided into two parts: the first, a response to the principal appellant and the second, the submissions of the incidental appellant. The title of the brief is “Brief of Respondent / Incidental Appellant”.
Regulation of the Court of Québec — Regulation of the Court of Québec
The argument of the incidental appellant must be divided into two parts: the first, a response to the principal appellant and the second, the submissions of the incidental appellant.
Regulation of the Court of Québec — Regulation of the Court of Québec
The title of the brief is “Brief of Respondent / Incidental Appellant”.
Regulation of the Court of Québec — 72
72 Copies and notification. Seven paper versions of each brief must be produced at the court office, along with an electronic copy, if available. The parties are notified (article 373, Code of Civil Procedure (chapter C-25.01)) by the delivery to them of two copies. The proof of notification within the time limit must be produced at the court office within two working days.
Regulation of the Court of Québec — Regulation of the Court of Québec
The parties are notified (article 373, Code of Civil Procedure (chapter C-25.01)) by the delivery to them of two copies. The proof of notification within the time limit must be produced at the court office within two working days.
Regulation of the Court of Québec — 73
73 Non-compliance. If a brief does not comply with the foregoing requirements, the clerk, following the instructions of the judge, advises its author of the elements requiring correction and sets a time limit for filing a corrected brief; the clerk advises the other parties accordingly. If the corrections are not made, the production of the brief is refused.
Regulation of the Court of Québec — Regulation of the Court of Québec
If the corrections are not made, the production of the brief is refused.
Regulation of the Court of Québec — 74
74 Time limit for incidental appeal. If the principal appeal ends prematurely, the incidental appellant has three months to produce a brief.
Regulation of the Court of Québec — 75
75 Content of memorandum. The argument consists of 10 pages. Its author must attach all documents necessary for the adjudication of the appeal, such as the decision or judgment appealed from, the pleadings, the exhibits and the excerpts from depositions.
Regulation of the Court of Québec — 76
76 Number of copies of the memorandum. Five copies of the memorandum must be filed (articles 370 and 374 of the Code of Civil Procedure (chapter C-25.01)).
Regulation of the Court of Québec — 77
77 Format. The memorandum must include a title page and a table of contents and be paginated consecutively. The provisions relating to briefs, including the final requirements, apply to memoranda, adapted as required.
Regulation of the Court of Québec — Regulation of the Court of Québec
The provisions relating to briefs, including the final requirements, apply to memoranda, adapted as required.
Regulation of the Court of Québec — 78
78 Authorities. The book of authorities must be notified to all the other parties and be filed at the court office of the Court of Québec, in duplicate, at least 30 days before the date set for hearing the appeal or, in case of an application, at least one working day before the hearing.
Regulation of the Court of Québec — 79
79 Hearing transcript. When a transcript of the hearing in first instance is not provided by the administrative organization whose decision is appealed, the parties are responsible for providing excerpts from the stenographic notes that are relevant to the dispute.
Regulation of the Court of Québec — 80
80 Respondent. Except if a statute grants specific standing to the administrative body whose decision is appealed, it is designated in the pleadings as the respondent.
Regulation of the Court of Québec — 81
81 Copy for administrative body or administrative tribunal. When leave to appeal is granted or a final judgment is rendered, the court clerk sends a copy, without delay, to the respondent administrative body or administrative tribunal and to the parties and their lawyers.
Regulation of the Court of Québec — 82
82 Access to the record. The records of cases appealed to and heard by the Administrative and Appeal Division that contain exhibits subject to a confidentiality order must be specifically labelled. The parties must notify the court office of the order made by the court of first instance whose decision is appealed to the Court of Québec.
Regulation of the Court of Québec — 83
83 Setting down for trial following leave to appeal. When a judgment granting leave to appeal also sets the appeal down for trial, the appellant must pay the applicable judicial fees to regularize the setting down for trial.
Regulation of the Court of Québec — 84
84 Placing on the roll. Under the authority of the coordinating judge or associate coordinating judge, the clerk places cases set down for trial on a special roll.
Regulation of the Court of Québec — 85
85 Provisions applicable. The provisions applicable to the Civil Division apply to this Division, adapted as required.
Regulation of the Court of Québec — 86
86 Appeals from decisions of the Régie du logement . This Division applies to appeals under sections 91 to 107 of the Act respecting the Régie du logement (chapter R-8.1).
Regulation of the Court of Québec — 87
87 Service or notification. Applications for leave to appeal are served. All other pleadings relating to the appeal are notified in the manner provided for in articles 109 to 140 of the Code of Civil Procedure (chapter C-25.01).
Regulation of the Court of Québec — 88
88 Content of the application for leave to appeal. In accordance with section 92 of the Act respecting the Régie du logement (chapter R-8.1), the application for leave to appeal must set out the conclusions sought and a summary of the arguments the applicant intends to submit.
Regulation of the Court of Québec — 89
89 Judgment granting leave to appeal. The clerk must send to the Régie du logement and to the parties and their lawyers, without delay, a copy of the judgment granting leave to appeal. The Régie must, within 15 days of receiving the judgment, send to the court office a certified copy of the record in its possession.
Regulation of the Court of Québec — 90
90 Setting down for trial following leave to appeal. When a judgment granting leave to appeal also sets the appeal down for trial, the appellant must pay the applicable judicial fees to regularize the setting down for trial.
Regulation of the Court of Québec — 91
91 Placing on the roll. Under the authority of the coordinating judge or associate coordinating judge, the clerk places cases set down for trial on a special roll.
Regulation of the Court of Québec — 92
92 Appeal judgment. As soon as the judgment is filed at the court office, the clerk issues a copy to each party and to the Régie du logement .
Regulation of the Court of Québec — 93
93 Provisions applicable. The provisions applicable to the Civil Division apply to this Division, adapted as required.
Regulation of the Court of Québec — 94
94 Matters subject to rules of practice. The chief judge may establish rules of practice on, among others, the following matters: judicial authorizations, sealed materials, appearances by videoconference, joint hearings, and motions under the Canadian Charter of Rights and Freedoms , Part I of the Constitution Act, 1982 , Schedule B to the Canada Act 1982 (UK), 1982, c. 11.
Regulation of the Court of Québec — 95
95 Consultation of a file. A file or exhibit may be consulted only in the presence of the clerk or a person designated by the clerk.
Regulation of the Court of Québec — 96
96 Removal. A file may be removed from the court office only on the request or authorization of a judge.
Regulation of the Court of Québec — 97
97 Preparation of the roll. The preparation of the roll and the distribution of files based on their nature and number shall be governed by the rules of practice established by the chief judge.
Regulation of the Court of Québec — 98
98 Content of the roll in the courtroom. The roll states the name of the presiding judge; the file number; the number of times the file has appeared on the roll since the file was opened; the date of the last appearance on the roll; the number of charges; the names of the parties and their lawyers (and, where applicable, whether the accused is self-represented); whether the presence of the accused is required; whether the accused is in custody; whether there is a designation of a lawyer in the file; the nature of the hearing; the number of the statement of offence, if any; the date, duration and place of the hearing; and whether there are any victim impact statements to be presented.
Regulation of the Court of Québec — 99
99 Access to the roll. The clerk makes the official version of the roll for each courtroom accessible at the place provided for that purpose in each courthouse.
Regulation of the Court of Québec — 100
100 Availability of copies of the roll. On the day before a hearing the clerk makes copies of the roll available to the parties and gives a copy to the judge who will preside at the hearing.
Regulation of the Court of Québec — 101
101 Addition of a file to the roll. The clerk may not add a case to the roll for the same day without authorization from the coordinating judge, the associate coordinating judge or a judge.
Regulation of the Court of Québec — 102
102 Transfer of a file. At the hearing a party who requests the transfer of a file to another judge must demonstrate to the court that the other judge has agreed to be seized of it.
Regulation of the Court of Québec — 103
103 Motions. Every motion shall set out the facts on which it is based, accompanied by an affidavit from the applicant attesting to those facts, and by a notice of presentation. The motion contains: (1) a concise summary of its object; (2) a summary of the arguments that will be pleaded; (3) a detailed summary of its factual basis, specific to the case. If the judge requests a transcript in order to rule on the motion, the applicant shall serve and file the transcript with the motion.
Regulation of the Court of Québec — (1)
The motion contains: (1) a concise summary of its object; (2) a summary of the arguments that will be pleaded; (3) a detailed summary of its factual basis, specific to the case.
Regulation of the Court of Québec — (2)
(2) a summary of the arguments that will be pleaded;
Regulation of the Court of Québec — (3)
(3) a detailed summary of its factual basis, specific to the case.
Regulation of the Court of Québec — Regulation of the Court of Québec
If the judge requests a transcript in order to rule on the motion, the applicant shall serve and file the transcript with the motion.
Regulation of the Court of Québec — 104
104 Service. A motion shall be served on the opposing party or the lawyer for that party when so required, and on the coordinating judge or associate coordinating judge, with a notice of presentation of at least ten days, unless otherwise decided by the judge. Any motion under the Canadian Charter of Rights and Freedoms , Part I of the Constitution Act, 1982 , Schedule B to the Canada Act 1982 (UK), 1982, c. 11 must be served within at least 30 days. The motion must also be filed at the court office as soon as possible after service.
Regulation of the Court of Québec — Regulation of the Court of Québec
Any motion under the Canadian Charter of Rights and Freedoms , Part I of the Constitution Act, 1982 , Schedule B to the Canada Act 1982 (UK), 1982, c. 11 must be served within at least 30 days.
Regulation of the Court of Québec — Regulation of the Court of Québec
The motion must also be filed at the court office as soon as possible after service.
Regulation of the Court of Québec — 105
105 Time limit for filing a motion. A judge may refuse inscription on a roll of any motion that has not been filed with the court office one clear juridical day before the date scheduled for its presentation.
Regulation of the Court of Québec — 106
106 Service on lawyer. Service of a motion on a lawyer shall be made at the lawyer’s office.
Regulation of the Court of Québec — 107
107 Representation of lawyer by a colleague. The lawyer of record may be represented by an associate or by another lawyer designated for that purpose.
Regulation of the Court of Québec — 108
108 Presence of lawyer. A lawyer whose client fails to appear in the courtroom when his or her name is called shall nonetheless appear before the court.
Regulation of the Court of Québec — 109
109 Removal of lawyer. A lawyer who has appeared for an accused may not withdraw from the record without permission from the judge upon presentation of a motion for that purpose; the motion must be served on the accused and on the opposing party unless the lawyer is excused from such service by the judge seized of the motion.
Regulation of the Court of Québec — 110
110 Filing of a private information. A person who wishes to file a private information must proceed to the court office. The court office staff explains to the person the procedure to be followed and provides the person with a list of documents required to support the information, as well as the form entitled “Private Criminal Prosecution Case Summary Form”.
Regulation of the Court of Québec — 111
111 Forwarding of information. Once the information has been completed, the clerk refers it to the coordinating judge or associate coordinating judge, as the case may be, who designates where applicable a judge to hear the referral in accordance with section 507.1 of the Criminal Code (R.S.C. 1985, c. C-46).
Regulation of the Court of Québec — 112
112 Referral. The referral is held ex parte and in camera . The evidence presented and the judgment rendered may only be transcribed with the authorization of the judge.