Q&A: conducting litigation in Canada (Quebec)

Litigation

What is the structure of the civil court system?

In Quebec, courts of first instance (ie, trial courts), such as municipal courts, the Court of Quebec, the Superior Court, the Federal Court and administrative tribunals, hear witnesses and handle evidence:

Various specialised administrative tribunals, established under federal or provincial legislation, hear cases on specific subjects, such as the Labour Tribunal (Tribunal administratif du travail);

Municipal courts handle civil cases regarding matters assigned to them by specific acts;

The Court of Quebec consists of the Civil Division (including the Small Claims Division), the Criminal and Penal Division and the Youth Division. The Civil Division handles cases under C$75,000, with the option for a plaintiff to file either before the Court of Quebec or the Superior Court for sums between C$75,000 and C$100,000 (article 35 Code of Civil Procedure (CCP)). The Court of Quebec also serves as an appellate court for specialised administrative tribunals established under provincial legislation.

The Superior Court is the court of original jurisdiction. It decides cases over C$100,000 and handles injunctions, class actions and other extraordinary recourses (article 33 CCP). It hears divorce, bankruptcy and unassigned cases, as well as criminal and penal cases, including jury trials for serious crimes. The Superior Court is a catch-all court unless otherwise mentioned by law. It also acts as an appellate court for less serious offences, including ‘evocation’ cases where decisions of tribunals, public institutions, or professional corporations can be reversed (article 34 CCP). 

The Federal Court of Canada shares concurrent jurisdiction with the Quebec courts in certain matters, but pertaining to federal legislation, such as IP law. 

Appeals from the Superior Court or the Court of Quebec are heard by the Court of Appeal of Quebec (article 29 CCP). Appeals to the Court of Appeal of Québec are as of right when the judgment of first instance terminates a proceeding or pertains to the personal integrity, status or capacity (article 30 CCP). Other judgments of first instance may be appealed with leave from the Court of Appeal, including when they rule on execution matters, when they confirm or quash a seizure, or when the matter at issue is one that should be submitted to the Court of Appeal because it involves a question of principle, or a new issue of law (article 30 CCP).

Judgments from the Court of Appeal of Quebec may be appealed to the Supreme Court of Canada with authorisation. The Supreme Court of Canada is Canada’s last-resort national court that hears appeals from the Federal Court of Appeal, as well as each province’s Court of Appeal. 

Cases in the Superior Court of Quebec and the Court of Quebec are heard before single judges. The Court of Appeal usually sits in a formation of three judges for hearings on the merit, and a single judge for hearings on leave to appeal or other procedural matters, while Supreme Court of Canada is composed of nine judges. 

What is the role of the judge and the jury in civil proceedings?

The accusatorial and adversarial procedural system in Quebec requires parties to take an active role in court proceedings, making them responsible for presenting evidence that supports their positions. In contrast, the judge must remain neutral, adopting a passive and impartial stance to render a decision at the end of the trial based on the legally proven facts.

Judges of the Supreme Court of Canada, the Court of Appeal and the Superior Court of Quebec are appointed by the federal government. Eligible candidates must have at least 10 years of experience as a barrister or advocate or be current or former judges of a superior court. Judges of the Court of Quebec are appointed by the provincial government from interested advocates with a minimum of 10 years of practice that have sent their application and passed the review process.

Juries are only available for some criminal cases in the province of Quebec, under criminal law. Typically, 150 potential jurors are randomly chosen from the electoral list. These individuals are then selected by the lawyers representing both parties. After this selection process, 12 jurors will be chosen. The use of juries in civil cases, and even personal injury cases, has been abolished in Quebec since 1976.

What are the time limits for bringing civil claims?

Limitation periods in Quebec are set out in the prescription rules found in Book Eight of the Civil Code of Québec (articles 2875–2933 CCQ). Prescription is of public order and therefore cannot be derogated. In other words, it is not possible to stipulate in a contract a prescription period different from the ones established by law (article 2884 CCQ).

Generally, an action to enforce a personal or movable real right must be initiated within three years from the date the damage occurs (article 2925 CCQ). However, actions to enforce immovable real rights have a prescription period of 10 years (article 2923 CCQ). Actions to recognise and homologate a judgment, a foreign judgment or an arbitration award also have a prescription period of 10 years (article 2924 CCQ). The specific time limit varies depending on the nature of the claim, as certain actions have different limitation periods. For instance, a defamation lawsuit must be initiated within one year from the date of the alleged defamation (article 2929 CCQ). Furthermore, cases involving damage to property against a municipality must be initiated within six months from the date the damage occurs.

Prescription can be renounced, but not in advance. Parties may waive time that has already elapsed in the past (article 2883 CCQ). Therefore, tolling agreements that are used in other Canadian provinces to suspend limitation periods going forward are not used in Quebec. Prescription can also be suspended by the parties by mutual agreement for a maximum duration of six months without requiring court authorisation (article 7 CCP). Finally, prescription may be interrupted civilly or naturally (article 2889 CCQ).

Are there any pre-action considerations the parties should take into account?

Before initiating legal proceedings in Quebec, parties should consider various pre-action steps to prepare for litigation and potentially resolve disputes outside of court. While Quebec does not have formal pre-action protocols found in other jurisdictions, parties can engage in negotiations, send demand letters, exchange documents and seek legal advice to assess their claims and explore settlement options. It is also required that a party put the other party formally on notice of its default before the institution of judicial proceedings, either by a letter of demand, or by other means provided by law (article 1594 CCQ).

Additionally, parties may seek alternative dispute resolution (ADR) methods, such as mediation or arbitration (articles 6–7 CCP). ADR methods can offer a collaborative and flexible approach to resolving disputes, often leading to quicker and more cost-effective outcomes than litigation.

How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload? Do the courts charge a fee for starting proceedings or issuing a claim?

Civil proceedings in Quebec are typically commenced by the filing of an original application with the appropriate court (article 100 CCP). The plaintiff must submit the necessary documents, including the claim or application, to the court (article 107 CCP). These documents need to be communicated to the defendant. This notification usually involves the delivery of the claim through a bailiff (article 140 CCP), ensuring that the defendant is informed of the commencement of the proceedings and provided with the necessary information to respond to the claim.

Regarding the courts’ capacity to handle their caseload, like many other jurisdictions, Quebec’s judicial system currently faces challenges related to caseload management and delays in listing disputes for trial. Currently, a party may wait up to a year before having their case scheduled for a hearing on the merits.

In Quebec, courts may charge a fee for starting proceedings or issuing a claim, known as a court filing fee. These fees vary depending on the nature of the claim and the court in which it is filed. Court filing fees are intended to cover the administrative costs associated with processing and managing civil proceedings.  However, certain individuals may be eligible for fee waivers or exemptions based on their financial circumstances. It is essential for parties to be aware of the applicable filing fees when initiating civil proceedings in Quebec. Such judicial fees may be claimed by the successful party against the other party.

What is the typical procedure and timetable for a civil claim?

In Quebec, the process for a civil claim follows a structured sequence with specific documents and deadlines that is specified in the CCP. It typically starts with the plaintiff filing an originating application outlining the facts, legal basis and desired remedy (article 100 CCP). After filing, the plaintiff must serve the original application by bailiff to the defendant (article 107 CCP). The defendant then responds with an answer and then by a defence stating its position and potentially raising counterclaims. The defendant has 15 days to respond to the original application (article 145 CCP). 

The timetable for a civil claim is then established via a ‘case protocol’ within 45 days from the service of the originating application (articles 148 to 149 CCP). The case protocol is a formal agreement between parties involved in a legal dispute, outlining various aspects of the proceedings. It requires cooperation to reach a settlement or establish the protocol itself. The protocol covers agreements, undertakings and disputed issues, considering private dispute resolution processes. It also outlines steps for orderly proceeding conduct, estimates time and legal costs, and sets trial readiness deadlines. Key aspects include preliminary exceptions, settlement conferences, examinations, expert opinions, defence procedures, incidental applications, trial readiness extensions and notification methods. In complex cases, parties may agree on a complementary protocol for unresolved points. Timelines can vary based on case complexity, court schedules and procedural factors. 

Case management hearings can be held to iron out details of the timeline and debate mainly procedural issues (articles 153–160 CCP). 

Pretrial settlement conferences that are supervised by a judge may be scheduled to discuss a settlement and potentially homologate the transaction concluded between the parties (articles 161–165 CCP).

If the case is not settled by the parties, the legal action is scheduled for trial (articles 173–174 CCP) where evidence and legal arguments will be presented. Pretrial conferences are held in order to clarify some issues and streamline the trial process (article 179 CCP). In the event that the defendant does not present a defence or did not answer the summons, a judgment by default will be pronounced against the defendant (article 180 CCP).

Finally, a judgment is rendered by the judge (article 321 CCP), outlining the court’s decision and any remedies.

Can the parties control the procedure and the timetable? Can they extend time limits?

In Quebec, parties have some control over the procedure and timetable within the bounds of procedural rules and court orders, subject to the approval of the court. Generally, there is a peremptory six-month time limit for scheduling a case for trial and judgment (article 173 CCP). However, parties have the option to request an extension of this deadline by filing a motion.

Additionally, they can participate in case management conferences, during which procedural issues can be discussed with the judge. Parties may also submit joint requests to propose procedural changes or extensions, though these also require court approval. Cooperation and negotiation between parties can help streamline the process and potentially expedite proceedings (article 19 CCP). However, any significant procedural changes or time limit extensions must ultimately be sanctioned by the court, which considers factors such as the reason for the request and fairness.

Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?

There is a duty to preserve documents and other evidence pending trial in Quebec (articles 20 and 253 CCP). This duty, known as the duty of preservation, requires parties to take reasonable steps to ensure that relevant documents and evidence are preserved and not destroyed, altered or tampered with once litigation is reasonably anticipated or commenced.

Failure to preserve evidence or disclose relevant documents can have serious consequences, including adverse inferences or sanctions imposed by the court.

Parties must disclose all relevant documents in a timely and transparent manner to avoid any potential repercussions during the litigation process. Limitations on the extent of the discovery can be imposed based on relevance, privilege or legitimate interests.

Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?

Under Quebec law, certain documents may be privileged and therefore not required to be disclosed to the other party during litigation, unless the privilege is waived, or if the documents are ordered to be communicated by a court.

Privileged documents are those that are protected from disclosure due to their confidential or sensitive nature. They include communications between a client and their lawyer for the purpose of seeking or providing legal advice, which are typically privileged (article 284 CCP). This encompasses correspondence, memoranda and other documents exchanged between a lawyer and their client. Additionally, documents prepared for the dominant purpose of litigation, such as internal legal memoranda and case strategy discussions, are also privileged and do not need to be disclosed. Privilege extends to both external lawyers and in-house lawyers, whether they are local or foreign. However, that privilege may not apply if the communication does not involve seeking or providing legal advice, such as purely business-related discussions.

Do parties exchange written evidence from witnesses and experts prior to trial?

Parties may exchange written evidence from witnesses and experts prior to trial, particularly during the discovery phase of litigation. The process of exchanging written evidence, including witness statements and expert reports, allows each party to understand the evidence that will be presented by the other side and to prepare their case accordingly.

During the discovery phase, parties may request the production of documents and information from each other, known as undertakings. In Quebec, discovery primarily takes place through pretrial examinations. This exchange of documents helps both parties assess the strengths and weaknesses of their case, identify potential issues and evaluate the credibility and reliability of witnesses. While the specific procedures for exchanging written evidence may vary depending on the nature of the case and the court’s rules, parties are generally required to disclose relevant documents and information in their possession, custody, or control, subject to any applicable privileges or confidentiality protections.

If a party intends to use an expert report during a trial, which is usually announced in the Case Protocol, they must share the report with all parties before the case is scheduled for trial. Typically, there are no pretrial examinations of experts in Quebec civil procedure.

How is evidence presented at trial? Do witnesses and experts give oral evidence?

In Quebec, evidence is typically presented at trial through witness testimony and the submission of documents. Relevant witnesses may be called to testify orally in court. They are examined by the party who called them and then subject to cross-examination by the opposing party’s lawyer.

Under article 293 CCP, the expert’s report replaces their oral testimony, with exceptions. To be introduced into evidence, the expert report must be filed before a matter is set down for trial. A party may request the expert to testify to clarify points addressed in the report. This request can be made before the hearing if the parties agree, without altering the deadline for preparing the case file. Additionally, a party may question the expert about new findings discovered during the investigation. Any other examination of the expert must be authorised by the court under article 294 CCP.

Cross-examination of an expert appointed by another party is permitted. However, any request for examination or cross-examination must be justified to avoid sanctions under the law.

What interim remedies are available?

In Quebec civil law, interim remedies are mainly provided for in the CCP. Interim remedies are, by definition, transitional, temporary measures. They apply for the duration of the proceedings, pending a decision or settlement. 

There are several interim remedies for injunctive relief and safeguard orders, including interlocutory and provisional injunctions, as well as Anton Piller, Mareva and Norwich-type injunctions. The Superior Court of Québec has the exclusive power to order injunctions (article 33 CCP).

Injunctions (articles 509-515 CCP)

An injunction is an order directing a person to refrain from or to cease doing something or to perform a specified act. In other words, this is the general remedy for obtaining a court order at short notice, in order to preserve rights, that can apply to a wide variety of factual situations. This is a discretionary and exceptional measure. Injunctions can be categorised into three types: provisional, interlocutory and permanent.

• An Anton Piller injunction is an interlocutory-type injunction that orders the defendant to allow the plaintiff to inspect premises and hand over certain evidence, under penalty of contempt of court.
• A Mareva injunction is also known as a ‘freezing order’. It prevents the defendant from disposing of their assets anywhere in the world. This order can be issued if there is a legal dispute between the plaintiff and the defendant that falls under the jurisdiction of the court where the order is being requested.
• A Norwich injunction is a type of court order that requires a third party to provide information or documents about a specific person. It is a way to gather information, even before a formal legal case has begun.
• A safeguard order is an exceptional measure akin to a provisional interlocutory order, and judges have the discretionary power to decide whether to issue it (article 49 CCP). It is also of limited duration and is intended to temporarily restore the balance between the opposing interests of the parties and to minimise the alleged violations.
• A protection order (article 509(2) CCP) is a specific type of injunction issued to direct a natural person to refrain from or cease doing something or to perform a specified act to protect another natural person whose life, health or safety is threatened. These orders cannot exceed three years and can be issued in cases of domestic violence, or to prevent a loved one from interfering with the administration of care.

Seizure before judgment (articles 516–523 CCP)

The purpose of a seizure before judgment is to place property or assets located in Québec in the hands of justice while a proceeding is pending, as a conservatory measure. This type of action is typically aimed at preserving assets that could be used to satisfy a future judgment if the plaintiff prevails in the lawsuit. In other words, it is a legal action where a court authorises the seizure of the defendant’s property before a final judgment has been rendered. 

Sequestration (articles 524–526 CCP; articles 2305-2311 CCQ)

Sequestration places a disputed property in the hands of a neutral third party who returns it only to the party entitled to it, once the dispute is over (article 2305 CCQ).  This can involve immovable and movable property (article 2306 CCQ). The purpose of sequestration is to maintain the status quo to preserve the rights of both (or more) parties. The court may order the sequestration of disputed property on its own initiative if it considers it necessary to preserve the parties' rights in the property.

What substantive remedies are available?

Other than a judgment ordering a party to pay damages, a court may issue a permanent injunction ordering a party to do or not to do something, or a declaratory judgment determining the status of the plaintiff, or a right, power or obligation conferred on the plaintiff by a juridical act (article 142 CCP).

Punitive damages have a preventive purpose under the CCQ and are only available where the law specifically provides for punitive damages (article 1621 CCQ). Punitive damages may be awarded, for instance, for violations of the Quebec Charter of Human Rights and Freedoms, violations under the Consumer Protection Act and, in exceptional circumstances, where the defendant has acted fraudulently or intentionally and reprehensibly violated its contractual obligations. When evaluating whether to order punitive damages, the court must consider (1) the gravity of the fault (2) the economic situation of the party against whom it is ordered (3) how the plaintiff was compensated for the defendant’s fault and (4) whether the reparation for the damages caused is taken in charge by a third party. The amount of punitive damages may not exceed wheat is sufficient to fulfil its preventive purpose.

If the defendant is condemned to pay damages, interest will apply under articles 1617 and 1619 CCQ from the date of default or from any other later date that the court considers appropriate (article 1618 CCQ).

What means of enforcement are available?

Post-trial monetary award may be executed by bailiff with a notice of execution if the only execution measure is seizure (article 566 CCP). Procedures also exist to allow the judgment creditor to take possession of the property they have been declared the owner of and to be registered as the owner of said property. Alternatively, the inscription of a legal hypothec resulting from a judgment on a movable or immovable property may by enforceable to ensure payment of monetary awards (article 2730 CCQ).

If the parties violate an order from a court, they can be held in contempt of court and fined (articles 57–62 CCP). The sanctions for contempt of court include fines and community service. Individuals can be fined up to C$10,000, while legal entities, partnerships, associations or other groups can be fined up to C$100,000, with fines enforced under Chapter XIII of the Code of Penal Procedure. Additionally, if someone refuses to comply with a court order or injunction, the court can impose imprisonment. The person must periodically appear before the court to explain themselves, and imprisonment can be repeated until they comply, but it cannot exceed one year. 

Are court hearings held in public? Are court documents available to the public? Are there circumstances in which hearings can be held in private? Is there a mechanism to preserve documents disclosed as part of the court process?

Yes, in Quebec court hearings are generally public (article 11 CCP). Attendees must behave respectfully during hearings, and only journalists may make sound recordings, provided the court does not prohibit it. Image recordings are not permitted, and all parties must exercise restraint out of respect for the judicial process (article 14 CCP). Anything filed within the court is available to the public and the only current way for the public to obtain access to the file is to go physically to the appropriate courthouse. However, access to court records is restricted in family matters and certain health-related cases. Only authorised individuals, such as parties, their representatives, lawyers, notaries and journalists with a legitimate interest, may access these documents under court-determined conditions. In adoption matters, access is further restricted and requires court authorisation (article 16 CCP).

However, hearings can be held in private (in camera) if public order, the dignity of the persons involved, or the protection of substantial and legitimate interests require it. This includes prohibiting or restricting access to certain documents or the disclosure of specific information (article 12 CCP). Certain individuals, such as lawyers, notaries, their articling students, journalists and those deemed capable of assisting the concerned person, may attend in camera hearings. However, the court may exclude these individuals to prevent serious prejudice (article 13 CCP).

Certain matters, notably under of family law or criminal law, such as family issues, medical authorisations, confinement, or changes in a minor’s sex designation, are held in camera. The court may allow public hearings if it serves justice, but information that identifies the involved parties or children must not be disclosed without authorisation (article 15 CCP).

Does the court have power to order costs? Are there any steps a party can take to protect their position on costs both before the start of proceedings and while proceedings are in progress?

If the plaintiff is from outside Quebec, the defendant may request that the plaintiff provide a surety as security for the estimated legal costs the defendant would incur if the court rules against the plaintiff (article 492 CCP).

After the judgment has been rendered, the successful party may be entitled to reimbursement of their legal costs (article 339 CCP and following). It is important to note that legal costs are defined as all necessary court costs and fees for the preparation, notification and presentation of a case in court, including expert fees. Legal costs do not include attorney fees. However, when a party acts abusively or unreasonably, they may be ordered to pay the extrajudicial fees of the other party, such as attorney fees. However, for a party to obtain payment of their extrajudicial fees, they must demonstrate that the opposing party abused their right to litigate and proving an abuse of rights is a heavy burden. Simply having a weak legal claim or misjudging one’s chances of success does not constitute an abuse of rights.

The court may, however, decide otherwise, such as reducing or refusing to award legal costs. In most cases, the payment of legal costs is made without the intervention of the court. 

Are ‘no win, no fee’ agreements, or other types of contingency or conditional fee arrangements between lawyers and their clients, available to parties? May parties bring proceedings using third-party funding? If so, may the third party take a share of any proceeds of the claim? May a party to litigation share its risk with a third party?

In Quebec, private agreements for covering lawsuit expenses, including contingency and conditional fee arrangements, are generally allowed. The percentage contract is one of the three methods of remuneration for lawyers recognised by the Quebec Bar and case law, except under certain conditions. Such agreements are commonplace in class actions (A.B. c. Clercs de Saint-Viateur du Canada, 2023 QCCA 527).

In general, third-party funding agreements are deemed acceptable and should be approved, provided they adhere to certain principles:

• the agreement must be necessary to grant the plaintiff access to justice;
• the plaintiff's authority over the litigation should not be undermined by the funding agreement;
• the agreement should not jeopardise the lawyer-client relationship or the lawyer’s obligations of loyalty and confidentiality;
• the compensation received by the third-party funder must be fair and reasonable;
• the third-party funder must commit to maintaining the confidentiality of any privileged or confidential information;

The legal concept of champerty, which prohibits the financing of lawsuits by third parties in exchange for a share of the proceeds, does not apply in Quebec as third-party funding in litigation is accepted practice.

Is insurance available to cover all or part of a party’s legal costs?

Insurance that covers legal costs is available for parties with a liability insurance policy at the time of the dispute and where the insurer’s obligation to defend was triggered. However, private insurance specifically designed to cover all legal expenses is not widely used in Quebec.

May litigants with similar claims bring a form of collective redress? In what circumstances is this permitted?

The class action procedure in Quebec is governed by a dedicated section the CCP at articles 571 CCP and following. Class actions entail two steps: the authorisation stage and the trial on the merits. 

The authorisation stage

First, a person seeking to initiate a class action must obtain prior authorisation from the court (article 574 CCP). The authorisation process aims to screen frivolous or inappropriate claims for class action proceedings. Therefore, the authorisation judge does not make definitive findings on the merits of the proposed class action at this preliminary stage. Instead, they must only examine whether the following criteria outlined in article 575 CCP are met: 

“(1) the claims of the members of the class raise identical, similar or related issues of law or fact;

(2) the facts alleged appear to justify the conclusions sought;

(3) the composition of the class makes it difficult or impracticable to apply the rules for mandates to sue on behalf of others or for consolidation of proceedings; and

(4) the class member appointed as representative plaintiff is in a position to properly represent the class members.”

The burden rests on the applicant of a class action to demonstrate that these criteria are fulfilled. Québec courts have established a low threshold to meet for each criterion, and any doubt regarding whether a criterion is met is typically decided in favour of the applicant. Case law advocates for a flexible, liberal and generous interpretation of the criteria for authorising a class action. It has become increasingly difficult for defendants to successfully dismiss a class action at the authorisation phase.

The trial on the merits

Second, if the proposed class action is authorised by the court, the applicant may file an originating application for the class action. This application addresses the merits of the case and evaluates whether, based on the facts and the law, the defendants are liable for damages.

On what grounds and in what circumstances can the parties appeal? Is there a right of further appeal?

The right to appeal is established by law, and it is essential to refer to the applicable legislation at the time of the proceedings to ascertain whether a judgment is subject to appeal. To initiate an appeal before the Court of Appeal, the appellant must have a right to appeal as defined in article 351 CCP.  

An appeal can be either as of right, which is initiated by filing a notice of appeal (article 353 CCP), or by permission, which requires the filing of both a leave to appeal and a notice of appeal (article 357 CCP). In both instances, the appellant must serve the notice of appeal or leave to appeal to the adverse party or their attorney and file it within 30 days of the notice of judgment pursuant to article 360 CCP. A validly filed appeal suspends the execution of the judgment (article 355 CCP). 

Appeals as of right encompass judgments from the Superior Court and the Court of Quebec that conclude a proceeding or pertain to specific matters such as personal integrity, status, or contempt of court (article 30 (1) CCP). These judgments can be appealed without the need for permission from the Court of Appeal.

However, certain judgments require seeking leave to appeal. This includes judgments with a subject matter value below C$60,000, judgments rendered through non-contentious proceedings and other specified scenarios (article 30 (2) CCP).  The Court of Appeal will also request a leave to appeal if it concerns a question of principle, a new issue or an issue of law that has given rise to conflict judicial questions (article 30 (3) CCP). Furthermore, judgments made during proceedings that disallow evidence objections may also require leave to appeal if they determine a portion of the dispute or cause significant harm to a party (article 31 CCP). Additionally, while case management measures and rulings on procedural matters typically cannot be appealed, permission may be granted if they appear unreasonable in light of procedural principles (article 32 CCP). 

A judgment from the Court of Appeal is enforceable notwithstanding an application for leave to appeal to the Supreme Court of Canada. Parties can request the Court of Appeal’s authorisation to amend or correct their appeal procedures. Additionally, upon request, a judge of the Court of Appeal may order the appellant to provide security to cover the appeal costs and any potential confirmation of the judgment.   

An appeal will be dismissed if the judgment is legally sound or lacks any manifest and predominant errors. Moreover, under article 365 (1) CCP, the Court of Appeal may summarily dismiss an appeal that is evidently frivolous or dilatory, requiring indicators of bad faith or temerity to establish abuse. 

The Court of Appeal may allow parties to present new evidence if it demonstrates its novelty, indispensability, exceptional circumstances, necessity for justice and potential to lead to a different judgment.

What procedures exist for recognition and enforcement of foreign judgments?

Judgments rendered outside of Quebec are considered foreign judgments. Unlike other common law provinces in Canada, Quebec does not have an act relating to the reciprocal enforcement of judgements from other provinces.

Decisions made by foreign authorities are generally presumed valid, but there are exceptions to this rule. When asserting a right based on a foreign decision, the burden of proof lies with the party making the claim, requiring them to provide substantial evidence.

Procedurally, foreign judgments to seek recognition and execution are introduced via an originating application (article 507 CCP) or in some cases, by an application in the course of proceedings. The foreign judgment is attached along with a certificate from a competent foreign public official stating that the decision is no longer appealable in the state in which it was rendered or that it is final or enforceable (article 508 (1) CCP). Other conditions apply if the foreign judgment was rendered by default (see articles 508 (2) CCP; article 3156 CCQ). 

Quebec courts do not delve into the merits of the foreign judgment but focuses solely on verifying whether the necessary conditions for enforcement are met (see articles 3155 and 3158 CCQ). If the foreign judgment is recognised, the party seeking its execution has 10 years to seek its execution.

Are there any procedures for obtaining oral or documentary evidence for use in civil proceedings in other jurisdictions?

In Québec, a foreign party or authority may apply to the court for execution of a rogatory commission. A letter rogatory, or rogatory commission, is a legal tool through which a court in one jurisdiction seeks assistance from a court in another jurisdiction for evidence gathering in ongoing legal proceedings.

The criteria that should guide the court in exercising its discretion to grant the holding of this commission are:

• the requested evidence is relevant;
• the requested evidence is necessary for the outcome of the litigation;
• the evidence cannot be obtained in another way;
• the requested documents are reasonably specifically identified; or
• the request is not unduly burdensome.

The court may appoint a commissioner to examine a witness or gather evidence if none is designated in the commission. The same rules apply if the application is presented by a commission of inquiry established by the Governor General in Council or a Lieutenant Governor in Council (article 504 CCP).

The execution of the rogatory commission follows the rules of the CCP unless the foreign authority requests a different procedure. Regardless, the foreign authority must undertake to guarantee the payment of costs. The party applying for execution informs the foreign authority of the proceedings’ time and location (article 505 CCP).

Finally, documents attesting to the execution or refusal of the rogatory commission are sent to the foreign authority through the same channels used to send the application for execution (article 506 CCP).