How to Request a Stay of a Hearing in Québec

Understanding the Application for Stay of a Hearing (Form SJ-850A) in Québec

If you are involved in a legal proceeding within the jurisdiction of the Province of Québec, you may encounter situations where multiple claims are filed that share similar legal grounds or raise related issues. In such cases, you might want to request a delay or suspension of a hearing to await the resolution of another related case. This is where the Application for Stay of a Hearing (Form SJ-850A) becomes relevant.

Purpose of the Form

The primary goal of the SJ-850A form is to enable a party involved in a legal proceeding to formally request the court to suspend or "stay" a scheduled hearing. This request is made when:

• Two claims are being processed simultaneously in the same court, with similar legal bases or issues of law.
• It is in the best interest of the parties to delay the hearing until a judgment on the other claim becomes final.
• No significant prejudice will result from the stay.

This process helps prevent conflicting judgments and promotes judicial efficiency by handling related claims together or sequentially.

Preparing Your Application

Completing the Form

The SJ-850A is available in a dynamic PDF format, which you can fill out electronically and print, or you can complete it by hand using block letters for clarity. The form requires detailed information, including:

• The judicial district where the claim is filed.
• The court file number.
• Names of the plaintiff, defendant, and any intervening third parties.
• The reasons for requesting the stay, emphasizing the similarity of claims and the absence of serious prejudice.

Supporting Documents

While the form itself is the main document, it is advisable to attach any relevant evidence or legal arguments that support your request for a stay. This might include copies of the related claim, legal correspondence, or previous court decisions.

Filing Your Application

Where and How to Submit

The completed SJ-850A form must be submitted to the Small Claims Division office of the courthouse where the original claim was filed. You can choose to file it physically or via the Digital Court Office of Québec (GNJQ), accessible through the Ministère de la Justice website.

Once received, the court clerk will forward your application to the other parties involved, notify them of your request, and submit it to the court for a decision. The court will then evaluate whether the stay is justified based on the information provided.

Follow-up and Court Decision

After filing, the court may schedule a hearing or issue a decision based on the submitted documentation. If the stay is granted, proceedings on the related claim will be suspended until the judgment becomes final. If denied, the hearing will proceed as scheduled.

It is important to keep copies of all submitted documents and any court decisions for your records. If you are unsure about the process or need assistance, consulting with a legal professional or contacting the courthouse directly can be helpful.

Additional Resources and Contacts

For further information on the application process, filing procedures, or to locate the courthouse in your district, visit the official website of the Ministère de la Justice du Québec. They provide comprehensive contact details and guidance to assist you throughout your legal proceedings.

By understanding the purpose and proper procedures for the SJ-850A form, you can ensure your request for a stay is properly submitted and considered, helping to manage your legal matters efficiently within Québec's judicial system.