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Delay for service and production of motion
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Judgment of interest

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Québec Court of Appeal building.
Québec Court of Appeal building



The Court of Appeal consists of twenty judges, including the Chief Justice of Quebec, and a variable number or supernumerary judges who have elected to remain on the Court after becoming eligible for retirement, but who have not yet reached the mandatory retirement age under the Constitution Act, 1867.

Judges of the Court of Appeal are appointed by Order-in-Council of the Governor General in Council. The Court itself is constituted under Quebec legislation, and its general administration and non-judicial personnel fall under the responsibility of the Minister of Justice of Quebec.

The Court of Appeal usually sits as a panel of three justices, but in special cases the Chief Justice may increase the size of the panel. Some procedural matters, such as motions for leave to appeal, are heard by a judge sitting alone. Hearings are regularly scheduled in Montreal and Quebec City according to a roll on which cases are placed once all pre-hearing filings have been completed.

The offices of the Court of Appeal, at which its non-judicial personnel assist members of the public and the Bar, are located in Montreal in the Ernest Cormier Building (picture opposite) and at the Courthouse in Quebec City. All persons appearing before the Court of Appeal are entitled to address the Court in either of the official languages of Canada.

Judgments may be rendered from the bench at the conclusion of a hearing, or subsequently in writing. In all cases, the Court gives reasons for its decision. In 2011, the Court of Appeal rendered 2,534 judgments, either by a panel or by a judge sitting alone.

The Supreme Court of Canada may grant leave to appeal a decision of the Court of Appeal. In 2011, the Supreme Court of Canada granted nine leave applications. Thus, in the vast majority of cases, the Court of Appeal is the final arbiter of the matters brought before it. Exceptionally, in criminal matters, certain decisions of the Court of Appeal may be appealed as of right to the Supreme Court of Canada. In 2011, there were four such appeals to the Supreme Court of Canada.

The Court of Appeal has been in continuous existence since 1849. Through its commitment to judicial independence and impartiality, and its efforts to ensure access to justice, it stands today as one of the main bastions of the rule of law in Quebec.