M.R. Binnion's X post On October 10, a five-judge panel of the Quebec Court of Appeal heard an appeal from a Superior Court judgment rendered on January 25, 2024, which suspends certain provisions of the Act to put an end to the exploration for hydrocarbons or underground reservoirs, the production of hydrocarbons and the exploitation of brine, R.L.R.Q., R-1.01. [1]
A panel of five judges is exceptional and subject to the decision of the Chief Justice of the Court of Appeal to constitute it. It is generally reserved for large-scale constitutional cases, the re-examination of precedents or new legal issues that have a significant impact on society.
In this case, the Court of Appeal intends to clarify the state of the law regarding its power to review the decision of a single judge granting leave to appeal a judgment rendered in the course of the proceedings under article 31, para. 2 of the Code of Civil Procedure. In particular, the Court may be called upon to rule on the scope of this article in the light of the concept of "irremediable harm to a party". This issue concerns the Court of Appeal's jurisdiction more broadly.
On the merits, the appeal of the Attorney General of Quebec raises the question of whether the trial judge's use of judicial discretion was appropriate in light of the principles applicable to the stay of a law as enunciated by the Supreme Court in RJR-Macdonald and Metropolitan Stores.
The GBV Lawyers team, including Marc-Andr Gravel, Charles-Francis Roy, Guillaume Lemieux, Charlotte Reid and Catherine Lord, is proud to have assisted its clients Questerre Energy Corporation, Squatex Resources and Energy Inc., Ptrolympia, Petrolympic, Dveloppement Pieridae Qubec and nergie Pieridae in this major legal case.
The Court of Appeal's decision is expected in the coming months.
Five judges hear appeal from judgment ordering a stay of the application of the Act to end the search for hydrocarbons