If an application pertains to the exercise of a hypothecary right on an immovable serving as the debtor’s main residence, the court having jurisdiction is the court of the place where the immovable is situated. A legal person established for a private interest, a partnership or an association or another group not endowed with juridical personality may, even without being a member of a class, ask to represent the class if the director, partner or member designated by that entity is a member of the class on behalf of which the entity is seeking to institute a class action, and the designee’s interest is related to the purposes for which the entity was constituted. If no statement was made, a party may apply for recusation at any stage of the proceeding, provided it shows that it has been diligent. If the opposition is not presented on the scheduled date, any party may obtain a default certificate from the court clerk. Witnesses are examined by the calling party or that party’s lawyer. Should the debtor lose or waive the benefit of voluntary deposit, the court clerk informs the creditors and, if applicable, the bailiff. The court clerk may issue a certified true copy of the judgment on request. dismiss a person who, without right, is occupying or exercising a public office or an office within a public body, a legal person, a partnership or an association or another group not endowed with juridical personality. If they fail to comply within 10 days, any plaintiff in the case may request that the case be set down for judgment as in default cases, and any defendant in the case, that the application be dismissed. In such an instance, the court cannot extend the latter time limit unless it was impossible in fact for one of the parties to act. A judgment on an application relating to a person’s status is notified to the registrar of civil status. The application for revocation must be presented before the court within 30 days after service, as if it were an application in the course of a proceeding. No such application may be ruled on unless such notice has been validly given, and the court may only adjudicate with respect to the grounds set out in the notice. An Act to amend the Civil Code and the Code of Civil Procedure as regards the determination of child support payments (Bill 21, assented to 2004-04-22) SQ 2004, c 3 An Act to implement the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption and to amend various legislative provisions in relation to adoption (Bill 11, assented to 2004-04-22) Notification to a trustee, the liquidator of a legal person or enterprise or a trustee in bankruptcy is made at their domicile or place of work, either by delivering the document personally to them or by leaving the document in the care of a person who appears to be in a position to give it to the addressee. If a party’s domicile or residence must be stated, but is unknown, the party’s last known residence is sufficient. If, as a result, a new defendant is brought into the proceeding, the judicial application must be notified to that party without delay. B is the total of the exemptions to which the debtor is entitled for basic needs and those of dependants. the proposed sale price is not commercially reasonable; the proceedings are affected by an irregularity resulting in serious prejudice, subject to the power of the court to authorize the bailiff or the seizing creditor to remedy the irregularity; or. Every contribution toward a goal is valuable, regardless of how small it may be, Code of Civil Procedure, 1908 – Notes, Case Laws And Study Material. An interlocutory injunction may be granted if the applicant appears to have a right to it and it is judged necessary to prevent serious or irreparable prejudice to the applicant or to avoid creating a factual or legal situation that would render the judgment on the merits ineffective. If the appointment of an arbitrator proves difficult, the court, on a party’s request, may take any necessary measure to see to the appointment. (Amendment integrated into c. A-14, s. 4.6). The proceeding is stayed until proof of notification is received by the court office. Syndicates of co-owners and associations and other groups not endowed with juridical personality may be designated by the name by which they are generally known; if the name of a syndicate of co-owners is not known, it may be designated by the address of the immovable. On the chief justice’s or chief judge’s request, a judge who is leaving office must, within three months, complete any cases taken under advisement. A sale under judicial authority is conducted to sell property seized to execute a judgment or property that is surrendered or whose surrender is ordered on the exercise of hypothecary rights. (Amendment integrated into the Civil Code, a. The stay or adjournment ends on the recording of that date in the court register. 2892). A time limit described by this Code as a strict time limit cannot be extended unless the court is convinced that it was impossible in fact for the party concerned to act sooner. If required by the circumstances, the mediator may, with the parties’ consent, use any appropriate, readily available technological means. The arbitrator concerned and, if there are more than one, the other arbitrators, may nonetheless continue the arbitration proceedings and make an award for so long as the court has not made its ruling. The court clerk sends the report to the judge who ordered the assessment or, if that judge is no longer seized of the matter, to the chief justice or the judge designated by the latter, and to the parties. A copy of the evidence made, and certified as being true to the original, by the court clerk, has the same probative force as the original. The summons includes a list of the exhibits in support of the application and informs the defendant that they are available on request. It states, among other things, that the defendant must co-operate with the plaintiff in preparing the case protocol that is to govern the conduct of the proceeding; it also specifies the sanction to which the defendant is subject for failing to submit an answer to the application within 15 days after its service. It is also notified to at least two other persons from the mandator’s family or who show a special interest in the mandator. The rogatory commission is executed in accordance with the rules of this Code, unless the foreign authority has requested a different procedure. Those filed after the notification are without effect, except conservatory ones intended to preserve the rights of the persons likely to continue the proceeding. The Minister of Justice is considered, by virtue of office, to have a legitimate interest to access records or documents for research, reform or procedure evaluation purposes. The court clerk also informs the intervenor, as if the latter were a defendant, of the options available and the applicable time limits. The notary may call a conference if the person concerned or a person to whom the application was notified requests one, including when the application relates to the homologation of a protection mandate. A party may ask the court to attach written examinations and written cross-examinations to the commission. If no opposition is received, the appointment of a tutor to a minor or of a tutorship council becomes effective on the filing of the notary’s minutes. However, if an examination is conducted elsewhere than at the court, in a place chosen by the parties, it is up to the parties to call on the services of an official stenographer or, if needed, to agree on an appropriate method of recording to ensure the integrity of the deposition. A trial consists of the evidence stage, followed by oral argument, in which parties make their addresses to the court. Parties who agree to resort to a private dispute prevention and resolution process, together with the third person involved in the process, if any, determine the procedure applicable to the process they have selected. A land surveyor appointed by the parties may also ask the court to order such intervention. The Supreme Court of Canada, the Federal Court of Appeal and the Federal Court of Canada have jurisdiction in some civil matters in Québec, as provided for in the Acts of the Parliament of Canada. The judgment orders the publication of a notice to class members; it may also order the representative plaintiff or a party to make information on the class action available to the class members, including by setting up a website. A third person who wishes to intervene for conservatory or aggressive purposes notifies a declaration of intervention to the parties, setting out the person’s interest in the case and claims, the conclusions sought and the facts justifying such conclusions. An application for authorization may only be contested orally, and the court may allow relevant evidence to be submitted. A party adverse in interest may cross-examine an expert appointed by another party. Any part of the mediator’s fee that is not borne by the Family Mediation Service is apportioned between the parties based on their respective income or according to their agreement, unless the court orders a different apportionment. Such an injunction may direct a natural person to refrain from or cease doing something or to perform a specified act in order to protect another natural person whose life, health or safety is threatened. An application in the course of a proceeding can only be contested orally, unless written contestation is authorized by the court. On seizing a technological medium, the bailiff is required to inform the debtor or the garnishee of their right to transfer any documents they wish to preserve from the seized medium to another medium. A seizure before judgment is carried out under a notice of execution and according to the seizor’s instructions, supported by an affidavit in which the seizor affirms the existence of the claim and the facts justifying the seizure, specifying, if applicable, the source of the information relied on. A party that has serious reasons to question the judge’s impartiality must declare as much without delay in a written statement notified to the judge and the other party. The renunciation is made by the party itself or by its mandatary acting under a special mandate. The parties have 10 days to notify their opposition to the third person and the other parties. XLIII), Appeals | Part VII of Civil Procedure Code, 1908, Meaning and Procedure of Review under the Code of Civil Procedure, 1908, Application to Miscellaneous Proceedings (S. 141), Suits by or against Governments (Sec. Annual Regulations: PDF versions since 1996, Order in Council respecting the application to Québec of a Convention between Belgium and the United Kingdom concerning legal proceedings in civil and commercial matters, Regulation respecting the conditions for the certification of notaries as regards the institution or review of protective supervision and protection mandates, Regulation of the Superior Court of Québec in civil matters, Regulation of the Superior Court of Québec in civil and family matters for the district of Montréal, Regulation of the Superior Court of Québec in civil matters for the district of Québec, Regulation of the Superior Court of Québec in family matters, Regulation respecting the statement by parties required for an application relating to a support obligation, Regulation respecting the determination of child support payments, Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice, Regulation respecting the mediation of small claims, Regulation to establish a pilot project on mandatory mediation for the recovery of small claims arising out of consumer contracts, Model pleadings and other documents established by the Minister of Justice pursuant to articles 136, 146, 235, 271, 393, 546 and 681 of the Code of Civil Procedure, Regulation respecting the taking of witnesses’ depositions in civil matters, Rules of Practice of the Superior Court of Québec in Civil Matters, Rules of practice in civil matters of the Superior Court (District of Québec), Rules of practice of the Superior Court of Québec in family matters, Arrêté ministériel concernant la reconnaissance des services d’aide aux victimes aux fins de l’article 417 du Code de procédure civile, Civil Practice Regulation (Court of appeal), Rules of Practice of the Superior Court of the District of Montréal in Civil Matters and Family Matters, Regulation respecting the Basic Parental Contribution Determination Table, Tariff of judicial fees applicable to the recovery of small claims. In some jurisdictions with a civil code, a number of the core areas of private law that would otherwise typically be codified in a civil code may instead be codified in a commercial code. This mission overrides the parties’ interests. If it is necessary to calculate the value of the subject matter of the dispute in appeal, account must be taken of interest already accrued on the date of the judgment in first instance and of the additional indemnity mentioned in article 1619 of the Civil Code. In the latter case, the sale is under the responsibility of the person designated under article 2791 of the Civil Code and is governed by the rules of that Code and, with the necessary modifications, by the rules of this Title. A person may open a safety deposit box leased by another person in a financial institution if authorized to do so by that person or, if that person is deceased, by the liquidator of the succession or, in the absence of a liquidator, by the successors. An application for recovery of a claim not exceeding $15,000, excluding interest, is instituted under the rules of this Title if the plaintiff is acting in their own name and for their own account or is acting as administrator of the property of others, tutor or curator or under a protection mandate. In the case of a transaction, the notice must state that the transaction will be submitted to the court for approval on the date and at the place indicated. Code of Civil Procedure: CCP 1: Jurisdiction defined: CCP 2: Jurisdiction over subject matter: CCP 3: Same; cannot be conferred by consent: CCP 4: Same; determination when dependent on amount in dispute or value of right asserted: CCP 5: Same; effect of reduction of claim: CCP 6: Jurisdiction over the person: CCP 7 : Repealed by Acts 1997, No. the certificates representing the securities are in the secured creditor’s possession; the uncertificated securities are registered in the secured creditor’s name in the issuer’s records; or. Any waiver of the exemption of such property from seizure is null. The bailiff in charge of the sale is responsible for the conduct of all related operations. An application for placement of a child is made by the adopter and the director of youth protection; if special consent was given to the child’s adoption, the application may be made by the adopter alone. A third person is given custody of the seized property, unless the seizor authorizes the bailiff to leave the property in the custody of the person from whom it is seized. The bailiff may, in the course of executing a judgment, ask the court for any instruction the bailiff needs in order to act. The application must also state the plaintiff’s name and domicile or residence and, if applicable, those of the plaintiff’s mandatary, as well as the defendant’s name and domicile or last known place of residence. The appellate clerk informs the parties of the hearing date and specifies the time allotted to each party for oral argument. The application for stay, which may be made without formality, must be preceded by two days’ notice to the seizing creditor, unless the court dispenses with such notice. The parties to a proceeding may jointly submit to the court a controversy between them on an issue of law raised by the dispute. If the parties have opted for mediation or arbitration or a similar process and the procedure they have determined must be supplemented, the rules of Book VII apply. Notification by public notice is made by publishing a notice or a summary of a document in keeping with the model established by the Minister of Justice by any means likely to reach the person concerned, such as by posting it on a website recognized by an order of the Minister of Justice or by publishing it in, or posting it on the website of, a newspaper circulated in the municipality of the person’s last known address or the municipality where the immovable that is the subject of the dispute is situated. The bailiff notifies the amended notice to the debtor and to the creditors who gave the bailiff instructions. The person must file a declaration of intervention setting out the purpose of and grounds for the intervention and notify it to the parties at least five days before the date the application for authorization is to be presented before the court. A witness who is in possession of a document or other evidence that is relevant to the dispute is required to produce it on request. If not sufficiently fluent in the person’s language, the notary may also mandate a notary who speaks the language. If the defendant fails to file those documents, their defence cannot be heard, and the court may make a ruling after hearing, and examining the documents filed by, the plaintiff. Applications between parents relating to patrimonial rights arising from their community of life may be joined with an application relating to child custody or parental child support obligations if the parents were de facto spouses before the application was instituted. The right to act before the courts in order to represent a person before the courts is reserved to lawyers. However, the court may relieve the plaintiff from the consequences of the default before judgment is rendered on the acquiescence. At any stage of a proceeding, the chief justice or chief judge may, by way of exception, order, even on their own initiative, that a case, a trial or an application relating to the execution of a judgment be transferred to another district in the interests of the parties or of the third persons concerned or if warranted on serious grounds. If one of the spouses asks for the cancellation of the entry in the register, the court may order the cancellation subject to a sufficient suretyship being provided. The judgment may be notified by technological means to the parties and lawyers who have provided the necessary contact information. The court clerk sends the judgment and the record without delay to the Administrative Tribunal of Québec, at no cost to the parties. The taking of an oath is a solemn undertaking to tell the truth or to exercise a function impartially and competently. A party may renounce the rights arising from a judgment in its favour by filing a renunciation with the court office. If the owner refuses the property, the bailiff may give it away to a charity or, if it cannot be given away, dispose of it as the bailiff sees fit. The judgment ruling on the allegation of forgery also determines, if necessary, to whom the original is to be delivered. Experts are required to give an opinion on the points submitted to them or, in the case of bailiffs, to make an ascertainment. The minutes must identify the applicant, the person concerned, the persons to whom the application was notified, those who attended the meeting of relatives, persons connected by marriage or civil union, or friends or the conference, if one was held, and those who made representations otherwise. An application in the course of a proceeding may be in writing or presented orally and without formality at the hearing. The arbitrator’s mission also includes attempting to reconcile the parties, if they so request and circumstances permit, and continuing the arbitration process, with the parties’ express consent, if the conciliation attempt fails. If the defendant is requiring the intervention of a third person, the defendant explains the grounds for the intervention to the court clerk and submits the exhibits in support of the related contentions. After the judgment, the court may issue any order to facilitate execution, whether forced or voluntary, in the manner that is most advantageous for the parties and most consistent with their interests. providing any additional information the court considers useful, including the address of the website for the central registry of class actions. The substitute is not liable for legal costs and other expenses in relation to any act prior to the substitution that the substitute has not confirmed, unless the court orders otherwise. A judgment or proceeding relating to a small claim is not open to judicial review except on the grounds of lack or excess of jurisdiction. The notice to the Attorney General must also be served on the Attorney General of Canada if the provision or rule of law concerned comes under federal jurisdiction; it must be notified to the Director of Criminal and Penal Prosecutions if the provision or rule of law concerned relates to a criminal or penal matter. They must ensure that the measures and acts they order or authorize are in keeping with the same principle, while having regard to the proper administration of justice. The same request may be made when the application is based on a claim assigned to a third person in return for payment provided the defendant would qualify to act as plaintiff under this Title. The debtor may, at any time, waive the benefit of voluntary deposit by means of a notice notified to the court clerk. Arbitration proceedings commence on the date of notification of one party to the other of a notice stating that it is submitting a dispute to arbitration and specifying the subject matter of the dispute. When homologating the report, the court may, if necessary, direct the court clerk or any other person it designates to hold a drawing of the lots; minutes of this operation must be filed in the court record. The mediator also sends the report to the Family Mediation Service, to each of the parties and, if represented, to their lawyers. If the document is being served, the bailiff signs and stamps the document and records the date and time on it. The court may order a different time limit for the execution of a judgment than those prescribed by Book VIII and, for instance, authorize earlier execution of the judgment if the creditor establishes, in an affidavit, a fact that justifies a seizure before judgment. At any time before the sale of seized property, the debtor may obtain release of seizure by paying the judgment amount, including execution costs. A witness who is unable to hear or to speak by reason of a disability may take the oath and testify by any means enabling them to express themselves. The court seized of an application for the homologation of an agreement or a draft agreement between the parties may amend the agreement or draft agreement on the basis of the interests of the children or one of the spouses. It must be filed with the office of the Court of Appeal within 45 days after the notice of appeal is filed. If a case has been set down following the defendant’s failure to answer the summons, the plaintiff may obtain judgment without further delay or notice. The joint application also lapses if one of the spouses discontinues it and neither of them amends it and continues the proceeding within the following three months. In the case of a minor, it must also be served on the person having parental authority and the tutor. Lack of subject-matter jurisdiction may be raised at any stage of the proceeding, and may even be declared by the court on its own initiative, in which case the court adjudicates as to legal costs according to the circumstances. 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