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Quebec Court of Appeal


The Court of Appeal of Quebec (frequently referred to as Quebec Court of Appeal or QCA) (in French: la Cour d'appel du Québec) is the highest judicial court in Quebec, Canada. It hears cases in Quebec City and Montreal.

As a "Superior Court" under section 96 of the Constitution Act, 1867, Court of Appeal judges are appointed by the Governor-General of Canada (in practical terms, the Prime Minister of Canada). Appointees must be members of the Quebec Bar, but need not have had previous experience as a judge. However, appointees almost always have some experience as a judge, usually on the Superior Court of Quebec. The quorum of the Court of Appeal of Quebec is three judges.

Under the Code of Civil Procedure of Quebec and the Criminal Code, someone wishing to appeal a decision of the Superior Court of Quebec generally has 30 days to file an appeal with the Court of Appeal. Civil cases usually must have at least $50,000 in dispute to be heard. The Court of Appeal will overrule a lower court decision if it is "incorrect" on a question of law or "patently unreasonable" on an important factual finding. The Court of Appeal almost never hears witnesses, and lawyers' oral and written submissions are kept to strict maximum lengths. A normal case will take several months from filing of an appeal to a decision by the Court of Appeal, but the Court may hear a case within hours or days in an emergency.

Appeals of Court of Appeal decisions are heard before the Supreme Court of Canada, which is located in the federal capital of Ottawa, Ontario, but only if leave to appeal is granted either by the Supreme Court of Canada or by the Court of Appeal.


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