Glossary

Latin expression: Quantum meruit meaning "as much as is deserved" the actual value of services performed.

Lawyers practiced their profession in Québec well before the constitution of the Bar of Lower-Canada by a law passed on May 30, 1849 (the Upper-Canada Bar had obtained its charter in 1797). In New France, justice was rendered without the assistance of barristers, and from 1765, Governor James Murray bestowed a lawyer's authority on three notaries and a shopkeeper. The Québec community of lawyers, precursor to the bar, was created in 1779. This society demonstrated loyalty in its concern for affirming the independence of political and judicial powers, and in its will to improve the competence and morality of its members. The law of 1849 limited the practice of law to members of the bar who had to ensure that they were capable of fulfilling the duties with honour and integrity. To this end, the bar could adopt rules for the admission and discipline of its members. In the early days, the bar was made up of three districts (Montréal, Québec, Trois-Rivières), which held the essentials of power. The number of districts increased progressively (today there are 15 sections), and in 1967, a reform of the bar's structure centralized the majority of powers, which until then had been carried out by the sections. This reform enabled the bar to set up a permanent secretariat, a Bureau of Trustees, a centralized disciplinary process, and to found a professional school.

The Court of Appeal is the general appeal court for Québec and as such, is the highest court in Québec. It is made up of 20 judges appointed by the Government of Canada. It sits in the cities of Québec and Montréal. In civil matters, the Court hears appeals from final judgments of the Superior Court and the Court of Québec where the amount in dispute is $50,000 or more.

The Superior Court has jurisdiction throughout Québec and sits in all the judicial districts. It is made up of 144 judges, including a chief judge, a senior associate chief judge and an associate chief judge, all appointed by the federal government. In civil matters, the Superior Court generally hears cases in first instance where the amount at issue is at least $70,000. It has exclusive jurisdiction in family matters such as divorce, support, and child custody. Proceedings are heard in private with the parties’ names remaining confidential. It also hears applications regarding class actions and probate (homologation) of wills. The Superior Court may issue injunctions to stop certain activities (for example, it can stop construction work on property that does not belong to the person performing the work).

A quorum is constituted by a minimum number of co-owners representing a majority of votes at the meeting, as indicated in the notice. A quorum is expressed in terms of votes and not in terms of number of co-owners present or represented. In the absence of quorum, after a certain time, the meeting is adjourned to another date. It is essential to have a quorum for that meeting takes place.