Montreal, December 18, 2009

NOTICE TO MEMBERS OF THE BAR

SUPERIOR COURT- MONTREAL
CIVIL AND FAMILY PRACTICE DIVISIONS

The above measures are in effect immediately

.

FAMILY MATTERS CASE MANAGEMENT HEARINGS 

This room is exclusively dedicated to the case management of family law files that are referred by the judges sitting in Rooms 2.11 (interim orders) and 2.01, as well as by the Special Clerk in Room 2.17, or in which a case management notice has been served.

Hearings are held in Room 2.02 of the Montreal Courthouse Monday to Friday, beginning at 9:15 a.m..

The family law files referred to Room 2.02 are the following:

  • Applications for or renewals of safeguard orders that, in the evaluation of the judge sitting in Room 2.11, necessitate more than one hour of hearing time;

  • Requests for postponement of cases already fixed in Room 2.01 or on the merits (15.07);

  • Various procedural motions originally presented in Room 2.17, such as:
    • Motions for a fourth or additional postponement;
    • Motions for the filing of documents;
    • Motions for the appointment of an attorney for a minor child;
    • Motions to quash subpoenae;
    • Refusals by the Special Clerks to inscribe a matter on the roll;
    • Determinations of the timetables for the conduct of proceedings;
    • Motions to dismiss;
    • Motions in revocation of judgements (reception stage);
    • Case management notices;
    • Representations.

     

SAFEGUARD ORDERS IN FAMILY MATTERS

The following measures are being implemented in order to ease the pressure on Room 2.11, to eliminate applications for safeguard orders that are not urgent, to speed up hearings, to facilitate the management of Court personnel and to reduce the handling of files. This is done in the interest of improving access to justice for all.

Henceforth, safeguard orders issued on an urgent basis must remain in force for a minimum of thirty days, unless otherwise authorized by the Court.  As well, the following conditions will apply to all requests for safeguard orders:

  • Except in exceptional circumstances, ten days must have passed since the service of the introductory motion (813.9 C.C.P.);
  • All affidavits must be divided into two sections:
    1)        The facts relating to the urgency of the motion – to be set out in a maximum of two pages, each paragraph containing only one fact;
    2)        The facts relating to the merits of the requested order;

            N.B.:  Urgency is absolutely essential. A request for a safeguard order is of the same nature as an interim injunction and follows the same rules.

  • All affidavits, both in demand and in defence, must have been communicated before the day fixed for hearing and are limited to three in number, as stipulated in article 813.10 C.C.P., and this, no matter how many motions are to be heard.

 

POSTPONEMENTS

In family and civil practice matters, postponements for a period of less than two weeks will be refused unless authorized by the Special Clerk or the Court.

Furthermore, the directive limiting the number of postponements without authorization to three remains in effect in both practice divisions. The Special Clerk or the Court must authorize any additional postponement.

In family matters, the Special Clerk is authorized to grant additional postponements in the following cases:

  • The filing of a consent, which will be noted in the minutes of the hearing;
  • Where one of the parties is self-represented and the opposing attorney experiences difficulty in obtaining communication of prescribed forms and documents;

  • Where the Youth Division of the Court of Québec and the Superior Court are both seized of a matter involving the same parties and it is appropriate to await the decision of the Youth Tribunal.

 

RETURNS AND PROOFS OF SERVICE

In order to ease the task of Court personnel and avoid errors in the data capture of the proceedings returns and proofs of service by fax or bailiff must be inserted immediately before the court backing ("endos").

 

DELAY FOR FILING MOTIONS TO BE FIXED ON THE ROLL OF THE PRACTICE COURT

In order to ease the task of Court personnel, the following rules governing the filing of motions to be fixed on the practice rolls in civil and family matters must be respected:

  • Only motions whose originals, including the motion, the notice of presentation and notice to the defendant and the proof of service, have been filed into Court at least one clear day before the date of presentation will appear on the roll;
  • Motions not filed within the prescribed delay may be added to the practice roll only with the authorization of the Special Clerk or of the judge sitting in practice division.

 

CASE MANAGEMENT ISSUES BY TELEPHONE CONFERENCE

We remind you that it is possible to have case management questions heard by telephone. You can find the necessary information at the following address: http://www.barreaudemontreal.qc.ca (proceed to Publications).

Note also that anyone may use this service for any questions that do not require the exchange of documents before the Court.

Since September 2009, the period allotted for such hearings are reduced to 10 minutes in order to allow a greater number of files to be heard.

.

André Wery
Associate Chief Justice

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