Lesson 1.5 – Quebec Court of Appeal Flashcards
What types of cases does the Quebec Court of Appeal hear?
Appeals from both the Court of Quebec and the Quebec Superior Court.
How many judges hear cases at the Quebec Court of Appeal?
Typically three judges, but in special cases, five or seven judges may be assigned.
Do all judges need to agree on a decision?
No, decisions are made by majority vote, not unanimity.
Who are the two parties in an appeal?
Appellant – The party appealing the decision (usually the losing party from the trial court).
Respondent – The party defending the appeal.
How long does it take for the Quebec Court of Appeal to render a decision?
Approximately three years.
How long does a full appeal process take, including the trial court phase?
About seven years from the original lawsuit filing.
Can anyone automatically appeal a Trial Court decision?
No, you must meet certain criteria.
What are the two factors that determine whether a case can be appealed?
Grounds for Appeal – The appellant must prove the trial judge made a material error in interpreting the facts or law.
Right to Appeal – Some cases have an automatic right to appeal, while others require permission.
What cases have an automatic right of appeal?
Cases where the disputed amount is $60,000 or more.
What happens if the disputed amount is less than $60,000?
You must request permission from the Court of Appeal, but approval is rare.
