If you're dissatisfied with a judgment rendered by the Court of Quebec or the Superior Court, you may have the option to appeal the decision, whether in civil or commercial matters. However, the process is complex and rigorous, often requiring the assistance of an experienced lawyer. Here is a detailed guide to help you understand the steps and conditions necessary to appeal a civil or commercial judgment.

Understanding Judgment Eligibility

Before beginning the steps to appeal a judgment, it's crucial to determine if the judgment is eligible for appeal. In civil and commercial law, not all decisions can be contested. For instance, judgments rendered by the Small Claims Division of the Court of Quebec are final and cannot be appealed.

Types of Appeals: Appeal as of Right and Appeal by Leave

Appeal as of Right

Certain decisions, whether civil or commercial, can be appealed as of right, without needing prior authorization. According to Article 30 of the Code of Civil Procedure (C.p.c.), judgments from the Superior Court and the Court of Quebec that conclude a case, or that address crucial issues such as a person's integrity or status, can be directly contested.

Procedure for Appeal as of Right

1. Filing the Notice of Appeal: The Notice of Appeal must be filed within 30 days following the date of the judgment or the notice of judgment (Art. 360 C.p.c.).
2. Service: Serve the Notice of Appeal to the respondent by a bailiff before filing it (Art. 352 and 358 C.p.c.).
3. Notification: Notify the Notice of Appeal in two copies to the registry of the trial court, one copy to the lawyer representing the respondent, and to interested parties in the appeal (Art. 358 C.p.c.).
4. Filing with the Court of Appeal: File the Notice of Appeal along with proof of service and notification, a copy of the trial court judgment, and a copy of the notice of judgment (Art. 31 R.C.a.Q.m.civ.).

Appeal by Leave

For other decisions, particularly in commercial matters, you need to obtain leave to appeal. This authorization must be granted by a judge of the Quebec Court of Appeal. Judgments requiring this leave include, among others, those involving pre-judgment seizures or disputes valued under $60,000.

Procedure for Appeal by Leave

1. Application for Leave to Appeal: Prepare an application containing all necessary information, such as the date of the judgment, the court that rendered the decision, and the reasons justifying the appeal.
2. Joint Filing with the Notice of Appeal: The Application for Leave to Appeal must be filed simultaneously with the Notice of Appeal within 30 days following the date of the judgment (Art. 360 C.p.c.).
3. Service and Notification: Serve and notify the Notice of Appeal and the Application for Leave to Appeal to the opposing party and other interested parties (Art. 352 and 358 C.p.c.).
4. Material Presentation and Judicial Fees: Ensure all documents comply with material presentation requirements (Art. 24 R.C.a.Q.m.civ.) and pay the judicial fees upon filing.

Deadlines and Exceptions

Meeting deadlines is crucial for filing an appeal. Generally, the Notice of Appeal must be filed within 30 days following the judgment date. However, in exceptional cases, the Court of Appeal may allow a late appeal if the delay does not exceed six months from the judgment date and if you can prove you were unable to act within the deadline.

Why Appeal?

Appealing is not simply about expressing dissatisfaction with the judgment. The appeal must be based on errors of law, fact, or mixed errors committed by the trial judge. These errors need to be clearly stated in the application for leave to appeal for the Court of Appeal to grant authorization.

Conclusion

The appeal process in civil or commercial matters is complex and governed by strict rules. It is highly recommended to consult a lawyer from the outset to ensure the appeal's validity and to be guided through the necessary steps. At ASC-Avocat-Flex, our team is ready to assist you throughout the process to maximize your chances of success.

For any questions or to initiate an appeal process, do not hesitate to contact us at: cabinet@ascavocatflex.ca. We are here to help you navigate this complex process and effectively defend your rights.