Montreal, January 5, 2012

NOTICE TO THE MEMBERS OF THE BAR

SUPERIOR COURT - DIVISION OF MONTREAL

JOINT DECLARATION THAT A FILE IS COMPLETE – CIVIL MATTERS

 

Please be advised that as of March 7, 2012, a Joint Declaration that a file is complete must be produced in all files to be scheduled for trial on the merits in civil matters in all districts within the Montreal Division. This applies in all cases, whatever the estimated length of the trial. The Joint Declaration must contain the information appearing on the form available on the website of the Superior Court of Québec that was developed in conjunction with the Quebec Bar.

With the consent of all parties, the Joint Declaration that a file is complete may replace the declarations required under articles 274.1 and 274.2 C.C.P.

When choosing this option and in order to avoid having to produce the declarations under articles 274.1 and 274.2 C.C.P., the parties, as of March 7, 2012, should foresee in the initial or a modified Agreement as to the Conduct of the Proceedings the filing of a Joint Declaration that a file is complete within 60 days of the date of inscription.

Where the parties fail to produce a Joint Declaration that a file is complete as foreseen in the Agreement as to the Conduct of the Proceedings, the provisions of the Code of Civil Procedure and the Rules of Practice of the Superior Court of Quebec in Civil Maters concerning the failure to produce the declarations under articles 274.1 and 274.2 C.C.P. will apply.

As a transitory measure, in files where no Agreement as to the Conduct of the Proceedings – whether initial or modified – is required after March 7, 2012, the current rules will continue to apply, i.e., a Joint Declaration that a file is complete is required for files where the length of the trial exceeds 10 days or where a judge orders it.

 

André Wery
Associate Chief Justice

 


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