Montreal, May 13, 2005
NOTICE TO THE MEMBERS OF THE BAR
SUPERIOR COURT - DIVISION OF MONTREAL
MOTIONS TO INSTITUTE PROCEEDINGS - CIVIL MATTERS
1. Presentation of Motions to institute proceedings
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| 1.1 |
The conclusions of a Motion to institute proceedings must include the main demand as well as any safeguard measures being sought, if needed. |
| 1.2 |
If a motion to institute proceedings must be contested orally in accordance with Article 175.2 C.C.P., the backings of any proceeding must make mention of same.
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| 1.3 |
Motions to institute proceedings in civil matters include a notice of presentation before the Special Clerk in Room 2.16, at 9:00 am.
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| 1.4 |
When the parties have agreed on a timetable for the conduct of the proceeding and have filed it, they do not have to appear; in such cases, the timetable is referred for verification.
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| 1.5 |
After verification, the Court may convene the parties to discuss ways to ensure proper management of the case (art. 4.1 C.C.P.) within the peremptory time limit (art. 110.1 C.C.P.).
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| 1.6 |
In case of a disagreement between the parties, the file is referred to Room 2.07. |
| 1.7 |
The judge hears the Motions to institute proceedings referred by the Special Clerk in order to set a timetable, or for any other demand which requires the judge to intervene with respect to the management of the case. |
| 1.8 |
Request for Special Case Management by a Judge (art. 151.11 and ff. C.C.P.) : All requests for Special Case Management are made by Motion. This Motion, served on all parties, is presentable in room 2.16 for civil matters.
The Motion must allege the nature or complexity of the proceedings and include, if possible, the agreement on the conduct of the proceeding.
The Motion will be referred to the judge sitting in room 2.07 for civil matters.
If it appears to the judge, based on the Court record and its conduct, that the proceeding warrants case management, he will refer the record to the Associate Chief Justice for adjudication. Otherwise, he dismisses the Motion.
All requests to extend the delay of 180 days must be made by separate motion presentable in room 2.16 for civil matters or be included in the Motion for Special Case Management. |
| 1.9 |
Motion to authorize a Class Action (art. 2002 C.C.P.) : All motions to authorize a Class Action subject to the new rules of the Code of Civil Procedure (January 1, 2003) and all preliminary or incidental requests in relation thereto, presentable in room 2.16 or fixed in room 2.08, are referred to the Associate Chief Justice for management. |
2. Preliminary exceptions:
Preliminary exceptions and their conclusions must be disclosed at least two days prior to the date of their presentation.
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3. Oral contestation with timetable
| 3.1 |
Grounds of defence : If the motion must be contested orally, the agreement as to the conduct of the proceeding must contain a summary of the grounds of defence (Article 151.5 C.C.P.), or, such grounds must be noted in the Minutes of the hearing on the presentation of the motion (Article 151.6 C.C.P.).
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| 3.2 |
Date of hearing (Article 110.1 C.C.P.) : If the motion must be contested orally and there is an agreement as to the conduct of the proceeding,(Article 151.1 C.C.P.), one of the parties may convene the other parties before the Court upon the expiry of the timetable for verification as to whether it is complete and ready to be tried on the merits, and, as the case may be, for the issuance of an order of referral pursuant to Article 110.1 C.C.P. once the duration of the trial on the merits has been determined.
The party who issues the notice to convene must attach a duly completed attestation of readiness to the notice insofar as that party's file is concerned, which includes the following information:
1. the name and address of the parties, and, if they are represented, the name and address of their attorney;
2. a list of the exhibits communicated to the other parties;
3. the estimated duration of the trial;
4. a list of witnesses, unless there is a valid reason not to disclose their names.
It must also include:
5. a summary statement of the questions in dispute;
6. the object of the testimony of each witness and the language in which each witness will testify, whether in French or in English, or if an interpreter will be required.
7. confirmation that the file is complete and is ready to be tried on the merits.
As of the date that they have been so convened, the other parties must file a similar attestation of readiness that contains the same information.
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4. Oral contestation – without timetable
Trial : If the file is complete and ready to be tried on the merits, the Court hears the motion to institute proceedings on the date of its presentation or, after determining the duration of the trial, refers it to the Master of the Rolls for scheduling of the hearing pursuant to Article 110.1 C.C.P.
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5. Written contestation
| 5.1 |
Declaration that a file is complete (DFC) : The declarations under Articles 274.1 and 274.2 C.C.P. must also contain, in addition to what is mentioned in those two provisions, the following additional information:
a summary statement of the questions in dispute;
the object of the testimony of each witness and the language in which each witness will testify, whether in French or in English, or if an interpreter will be required;
confirmation that the file is complete and is ready to be tried on the merits.
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| 5.2 |
Attestation that a file is complete (AFC) : After 30 days from the filing of the inscription under Article 274. C.C.P., the Clerk verifies whether the file is complete and is ready to be tried on the merits, and, if such be the case, signs an attestation to that effect, specifies the duration of the hearing on the merits and so notifies the parties.
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| 5.3 |
Notice that a file is incomplete (NFI) : After the filing of the inscription pursuant to Article 274 C.C.P., if the Clerk determines that the file is incomplete, the Clerk so notifies the parties and the party in default has 30 days to remedy the omission. |
| 5.4 |
If within 30 days of the reception of said notice the omission has not been remedied, the parties or attorneys may be convened to a calling of the provisional roll in order to explain the reasons for the file not then being in a state of readiness. |
ANDRÉ DESLONGCHAMPS
Associate Chief Justice
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