CANADA
PROVINCE OF QUEBEC
DISTRICT OF [MONTREAL OR QUEBEC]
No.:[First Instance File Number]
No.:
[write CONFIDENTIAL if applicable]
COURT OF APPEAL
______
[YOUR NAME]
APPELLANT- [Your Status in First Instance]
v.
[NAME OF THE OPPOSING PARTY]
RESPONDENT - [Opposing Party's Status in First Instance]
______
APPLICATION FOR LEAVE TO APPEAL FROM A JUDGMENT THAT TERMINATES A PROCEEDING
(Articles30, para. 2 and 357C.C.P.)
Appellant
[Date of the Application]
______
TO ONE OF THE HONOURABLE JUSTICES OF THE COURT OF APPEAL, THE APPELLANT SUBMITS:
- On[Date of the First Instance Judment], the Honourable [Name of Judge],[Court of First Instance],District of[Name of District],issued a judgment which[disposition(s) of the judgment];
- The judgement in first instanceconcerns[briefly explain the area of law in question] and the matter at issue should be submitted to the Court of Appeal because [indicate how the matter at issue involves a question of principle, a new issue or an issue of law that has given rise to conflicting judicial decisions];
- The appellant attaches to this application for leave to appeal: thejudgment in first instance (Schedule I) as well as the exhibits and evidence filed in first instance necessary to obtain leave (Schedule II);
- The trial judge erred in [his or her] judgment for the following reasons:
[Briefly describe the grounds of appealyou wish to raise]
I. Errors of law:
5.The trial judge erred in law by deciding that […];
6.The appellant intends to demonstrate […];
7.The error of law is overriding because […];
II. Palpable and overriding error in findings of fact:
- The trial judge committed a palpable error by deciding that […];
- The appellant intends to demonstrate […];
- This factual error is overriding because […];
Conclusion
- The appellant will ask the Court of Appeal to:
a)ALLOWthe appeal;
b)SET ASIDE the first instance judgment;
c)[Specific conclusions sought, same as those sought in the Notice to Appeal];
d)CONDEMN the respondent to pay the appellant legal costs both in first instance and on appeal.
FOR THESE REASONS, MAY IT PLEASE THE COURT TO:
GRANT this application for leave to appeal;
AUTHORIZE the appellant to institute an appeal from the judgment rendered on [Date of the First Instance Judgment], by the Honourable [Name of Judge] of the [Court of First Instance], District of [Name of District], in case number [First Instance File Number];
THE WHOLE, with legal costs to follow.
This [date] in [City where the Application is Signed]
[Your signature]
______
[Your Name]
Appellant
[Your Address]
[Your Phone Number]
[Your Fax Number, If Applicable]
[Your Email Address, If Applicable] [Your email address, if applicable]
1
CANADAPROVINCE OF QUEBEC
DISTRICT OF [MONTREAL OR QUEBEC]
No.:[First Instance File Number]
[write CONFIDENTIAL if applicable] / COURT OF APPEAL
[YOUR NAME]
APPELLANT- [Your Status in First Instance]
v.
[NAME OF THE OPPOSING PARTY]
RESPONDENT- [Opposing Party's Status in First Instance]
AFFIDAVIT
Appellant
[Date]
______
I,[Your Name], the undersigned, domiciled and residing at [Your Address]declare the following:
- I am the appellant;
- All of the facts alleged facts in the Application for Leave to Appeal are true.
This [date] in [City where the Affidavit is Signed]
[Your signature]
______
[Your Name]
Appellant
Solemnly affirmed before me in
[City where the Affidavit is Signed], on
[Date]
[Signature of the Person Receiving this Affidavit]
______
[Name and Capacity of the Person Receiving this Affidavit]
NOTICE OF PRESENTATION
To:[Name of the Party on whom the Application will be Notified], [Status of the Notifed Party in Appeal], [Notified Party's Address].
[If the application will be presented in Montreal:]
NOTICE IS HEREBY GIVEN that the Application for Leave to Appealwill be presented before a judge of the Court of Appeal sitting at Édifice Ernest-Cormier, located at 100 Notre-Dame Street East, in Montreal, on [scheduled date], at 9:30 a.m. in Courtroom RC-18.
[If the application will be presented in Quebec City:]
NOTICE IS HEREBY GIVEN that the Application for Leave to Appeal will be presented before a judge of the Court of Appeal sitting at the Quebec Courthouse, located at 300 Jean-Lesage Boulevard, in Quebec City, on [scheduled date], at 9:30 a.m. in Courtroom 4.30.
PLEASE GOVERN YOURSELF ACCORDINGLY.
This [date] in [City where the Notice is Signed],
[Your signature]
______
[Your name]
Appellant
[Your Address]
[Your Phone Number]
[Your Fax Number, If Applicable]
[Your Email Address, If Applicable]
CANADAPROVINCE OF QUEBEC
DISTRICT OF [MONTREAL OR QUEBEC]
No.:[First Instance File Number]
[write CONFIDENTIAL if applicable] / COURT OF APPEAL
[YOUR NAME]
APPELLANT- [Your Status in First Instance]
v.
[Name of the Opposing Party]
RESPONDENT- [Opposing Party's Status in First Instance]
LIST OF SCHEDULES IN SUPPORT OF
APPLICATION FOR LEAVE TO APPEAL
Appellant
[Date]
SCHEDULE1:Judgment rendered by the Honourable [Name of the First Instance Judge],[Court of First Instance], rendered [Date of the First Instance Judgment];
SCHEDULE2:[Description of the schedule, if applicable].
[Be sure to include all schedules necessary to support your Application]
This [date] in [City where the Notice is Signed]
[Your signature]
______
[Your Name]
Appellant
[Your Address]
[Your Phone Number]
[Your Fax Number, If Applicable]
[Your Email Address, If Applicable]
SCHEDULE1
Judgment rendered by the Honourable [Name of the First Instance Judge] of the [Court of First Instance] rendered [Date of the First Instance Judgment]
[Attach Schedule 1 Here]
SCHEDULE2
[If applicable, describe Schedule 2]
[Attach Schedule 2 Here]
No.:[File Number in First Instance]No.:
COURT OF APPEAL OF QUEBEC
DISTRICT OF [MONTREAL OR QUEBEC]
[YOUR NAME]
APPELLANT– [Your Status in First Instance]
v.
[NAME OF THE OPPOSING PARTY]
RESPONDENT – [Opposing Party's Status in First Instance]
APPLICATION FOR
LEAVE TO APPEAL
(Articles30, para. 2 and 357 C.C.P.)
Appellant
[Date]
[Your Name (and counsel number, if applicable)]
[Your Address]
[Your Phone Number]
[Your Fax Number, If Applicable]
[Your Email Address, If Applicable]
NOTES
Filing and Notification
- Two copies of theApplication for Leave to Appeal, together with proof of notification to the respondent and the attached documents, must be filed with the Office of the Court of Appeal at least 2 working days before the presentation date. It must also be notified to counsel who represented the respondent in first instance, to the office of the court of first instance and to any other parties interested in the appeal as interveners or as impleaded parties (articles99, 139, 357, 358, and 377 of the Code of Civil Procedure and sections28and 63of the Civil Practice Regulation of the Court of Appeal).
Drafting
- The Application for Leave to Appeal may not exceed 10 pages (section59 of the Civil Practice Regulation of the Court of Appeal and Practice Direction G-2). The designation of the parties and the conclusions are not included in the page count (see Practice Direction G-2).
- On March 3, 2017, a Notice of Amendment respecting section 21 of the Civil Practice Regulation of the Court of Appeal was issued inviting parties to draft their proceedings in Arial or a similar typeface for which the size 12 font contains no more than 12 characters per 2.5 cm (thereby excluding the typefaces Times New Roman and Garamond). The parties are invited to apply this directive immediately as though it has already been adopted.
Schedules
- Pursuant to section 60 of the Civil Practice Regulation and Practice Direction G-6, an Application for Leave to Appeal must be accompanied by all of the documents mentioned in Practice Direction G-6 in order to be presentable on the date mentioned in the Notice of Presentation.
WARNING: use of this template does not exempt the user from reading the applicable laws and regulations.This template is made available free of charge in order to assist parties in drafting their pleadings. All pleadings must be submitted to the special clerk who may refuse or require the correction of any document that does not respect applicable statutory or regulatory requirements.