Superior Court -- Notices to Members of the Bar

In the District of Montreal, all practice matters whether criminal or statutory (penal) filed prior to 17:00 hours on the preceding Wednesday, will appear « pro-forma » on the roll which will be called on the last sitting day of each week in room 4.11 at 9h 30 a.m.

In the peripheral districts falling under the authority of the district of Montreal, namely the districts of Beauharnois, Drummond, Iberville, Joliette, Laval, Longueuil, Richelieu, St-Hyacinthe and Terrebonne, all such regular practice matters will appear on the roll « pro-forma » and will be called at 14:00 hours before the judge of the Superior Court presiding in civil and family matters on the first day of the month fixed for the hearing of such civil and family matters.At the calling of the roll the judge will :

appraise himself or herself of the nature and scope of the issues both of law and fact which the parties intend to raise; explore with counsel or with the parties the need for a transcription, whether complete or partial, of the testimony given before the court of first instance;
establish a timetable which foresees the exchange between the parties and the deposit in the court record of the following:

a) an agreed statement of facts. In the event that the parties cannot agree as to the content of such a document, the judge may order each party to file its own statement;b) a summary prepared by each of the parties setting out their respective arguments, including where applicable references to the relevant portions of the transcript of the evidence;c) relevant extracts from the applicable texts of law and regulations together with the authorities and case law upon which the parties intend to rely. The pertinent paragraphs of these authorities must be clearly underlined.

At any stage the judge may order any other measure deemed necessary or useful in the completion of the record. If any one of these steps has not been completed within the time fixed, the judge may continue the matter « pro forma » to another date for the purpose of a further verification or may dismiss the proceeding summarily, as the case may be. When satisfied that the matter is ready for hearing on the merits the judge will determine the time required for the hearing and will fix a date for same.

In matters arising within the jurisdiction of the District of Montreal every petition or other matter, which requires to be adjudicated upon earlier than the last working day of the week, may be presented for directions to the judge administrator of the criminal division or to his or her delegate provided that appropriate arrangements have been previously made with the judge by telephone or by facsimile. In the peripheral districts falling within the authority of the district of Montreal every matter which requires to be dealt with prior to the first day fixed in any given month for the hearing of practice and family matters may be presented for directions to the judge responsible for the administration of the affairs of the Superior Court in the district involved. In such instances, appropriate arrangements must have been previously made with the judge by telephone or by facsimile. If the judge in question is absent, counsel for the petitioner may communicate for directions with the judge administrator of the criminal division or with his or her delegate. Without limiting the generality of the foregoing urgent matters may, depending on the circumstances, include the following:a) petitions for the issuance of writs of habeas corpus;b) petitions for Judicial Interim Release in matters where the Superior Court has original jurisdiction;c) petitions in revision of any decision relating to Judicial Interim Release;d) where the urgency is manifest, petitions relating to other prerogative writs such as mandamus, certiorari, prohibition and motions pursuant to Article 19 of the rules of practice of the Superior Court in criminal matters;e) petitions requesting the extension of the delays for appeal or seeking the suspension in turn of an order suspending a driver's license or in relation to any other matter resulting from a condemnation.The judge responsible for the administration of the affairs of the Court in the peripheral district concerned or the judge administrator of the criminal division or his delegate as the case may be, may at his or her discretion fix such matters for hearing according to the exigencies of the situation.

In the District of Montreal, every chambers application is made to the judge administrator of the criminal division or to his or her delegate. In matters of chambers applications arising in a peripheral district falling under the authority of the district of Montreal, every such application is addressed to the judge responsible for the administration of the Superior Court in that district or in his absence to the judge administrator of the criminal division or his delegate.
This directive will come into force on September 1st 1999.