English Draft Bill for New Code of Civil Procedure

8/4/2019 English Draft Bill for New Code of Civil Procedure

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SECOND SESSION THIRTY-NINTH LEGISLATURE

Draft Bill

Drat Bill to enact the new Code o CivilProcedure

Tabled byMr. Jean-Marc FournierMinister o Justice

Québec Ofcial Publisher2011



EXPLANATORY NOTES

This drat bill establishes the new Code o Civil Procedure, whosemain objectives are to ensure the accessibility, quality and promptnesso civil justice, the air, simple, proportionate and economicalapplication o procedural rules, the exercise o the parties’ rights ina spirit o co-operation and balance, and respect or all participantsin the justice system.

This drat bill is geared to achieving and upholding these goals,in particular, by

– streamlining and modernizing not only the organization and language o the provisions but also the rules as to the ormat,

presentation and notifcation o pleadings, the institution o proceedingsbeore the courts, the revocation o judgments, the recovery o smallclaims and the execution o judgments, to cite but a ew examples;

– afrming the existence o private civil justice ounded on private and voluntary modes o dispute prevention and resolution,and requiring potential litigants to consider these modes frst beoreturning to the courts;

– laying down certain principles that are to guide the courts,the parties and their lawyers throughout a proceeding, including the

principle o proportionality, which dictates that the actions taken, pleadings fled and means o proo used must be proportionate, interms o the cost and time involved, to the nature and complexity o the matter and the purpose o the demand;

– recognizing that the mission o the courts includes not only acilitating conciliation but also ensuring proper case management in keeping with the principles and objectives o procedural law, and adopting rules to that eect requiring that the parties fle a true case

protocol in which they have set out their agreements and undertakings,defned the issues in dispute and determined how the proceeding will

unold, and providing or case management conerences presided over by a judge;

– revisiting the concept o costs, introducing criteria to acilitatethe awarding o costs, establishing that each party is to bear its owncosts, and empowering the court, when awarding costs, to imposesanctions or any improper use o procedure;



– dening rules or the disclosure o evidence that require the parties to be open with each other and keep each other inormed,setting time limits consistent with these rules, allowing and encouragingthe parties to make their case orally, especially when presenting and deending against certain types o demands, providing a ramework

or pre-trial examinations which, among other things, limits their

length, encouraging the parties to call on a joint expert, providing or the reconciliation o conficting expert’s reports and establishingthat an expert’s mission is to enlighten the court and that this missionoverrides the parties’ interests;

– in amily matters, allowing the court, when already seized o a demand relating to the children o de acto spouses, to hear other demands between the spouses at the same time, and allowing theCourt o Québec, when seized o a demand relating to the adoptiono a child or to a youth protection matter, to rule on ancillary issuesrelating to child custody or the exercise o parental authority; and

– establishing that, in the execution o a judgment, the court baili must act in the interests o justice and impartially to ensurethat the process is carried out in the manner that is most advantageous

or all the parties (the sale o seized property at a commerciallyreasonable price, or example) and simpliying the rules regardingexemption rom seizure and the sale o seized property.

This drat bill also unies the rules that apply to judicial reviewby the Superior Court, ormulates homologation rules, and bringsthe special rules that govern mediation and arbitration together in

a new Book. As well, it allows the use o inormation technology incivil procedure.

LEGISLATION AMENDED BY THIS DRAFT BILL:

– Civil Code of Québec;

– Act respecting the Barreau du Québec (R.S.Q., chapter B‑1);

– Court Bailiffs Act (R.S.Q., chapter H‑4.1);

– Act respecting the class action (R.S.Q., chapter R‑2.1);

– Courts of Justice Act (R.S.Q., chapter T‑16).



LEGISLATION REPLACED BY THIS DRAFT BILL:

– Code of Civil Procedure (R.S.Q., chapter C‑25).

LEGISLATION REPEALED BY THIS DRAFT BILL:

– Special Procedure Act (R.S.Q., chapter P‑27).

REGULATION REPEALED BY THIS DRAFT BILL:

– Tariff of Judicial Fees of Advocates (R.R.Q., chapter B‑1, r. 22).



Draft Bill

DRAFT BILL TO ENACT THE NEW CODE OF CIVIL

PROCEDURE

THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:

PRELIMINARY PROVISION

This Code establishes the principles o civil justice and governs, in harmonywith the Charter o human rights and reedoms (R.S.Q., chapter C-12), theCivil Code and the general principles o law, the procedure applicable to privatemodes o dispute prevention and resolution when it is not otherwise determined

by the parties, the procedure applicable beore the courts as well as theprocedure or the execution o judgments and or judicial sales.

This Code is designed to enable, in the public interest, the resolution o interpersonal, collective or societal disputes through appropriate, efcient andair-minded processes o civil justice that encourage the parties to participatein preventing and resolving disputes.

This Code is also intended to ensure the accessibility, quality and promptnesso civil justice, the air, simple, proportionate and economical application o procedural rules, the exercise o the parties’ rights in a spirit o co-operationand balance, and respect or all participants in the justice system.

This Code must be interpreted and applied as a whole, in the civil lawtradition. Its rules must be interpreted in light o the special provisions itcontains and those contained in other laws and, when circumstances allow, itsupplements the silence o other laws in matters it addresses.

BOOK I

GENERAL FRAMEWORK OF CIVIL PROCEDURE

TITLE I

PRINCIPLES OF CIVIL PROCEDURE APPLICABLE TO PRIVATEMODES OF DISPUTE PREVENTION AND RESOLUTION

1. Private civil justice is ounded on private modes o dispute preventionand resolution that are chosen by mutual agreement by the parties concernedin order to prevent an eventual dispute or resolve an existing one.



The principal such modes are negotiation between the parties, and mediationand arbitration, which bring a third person into play to assist the parties. Theparties can resort to any other process that suits them and that they considerappropriate, whether or not it borrows rom the negotiation, mediation orarbitration models.

Parties must consider the private modes o prevention and resolution beorereerring their dispute to the courts.

2. Parties who commit to a dispute prevention and resolution process do soon a voluntary basis. They are required to participate in good aith, to be openand transparent with each other, including as regards the inormation in theirpossession, and to co-operate actively in searching or a solution.

They and the third persons assisting them must ensure that their actions areproportionate, in terms o the cost and time involved, to the nature andcomplexity o the dispute.

3. Parties who call on a third person to assist them or to adjudicate theirdispute choose the person together and veriy his or her impartiality towards

them beore mandating the person to act. Subject to any agreement betweenthem, they are equally responsible or the payment o the person’s ee andexpenses.

The third person must be capable o acting impartially and diligently and inaccordance with the requirements o good aith.

4. Parties who choose to engage in a private dispute prevention or resolutionprocess, and the third person involved in the process, undertake to preserve theconfdentiality o anything said, written or done during the process, subject to

any agreement between them on the subject, to any special provisions o thelaw and to their own remedies beore the courts.

5. Parties can prevent or resolve a dispute on the basis o norms or criteriaother than legal norms or criteria, subject to respect or human rights andreedoms and compliance with other public policy rules.

6. Parties who agree to engage in a private dispute prevention or resolutionprocess, together with the third person involved in the process, i any, determinethe procedure applicable to the process they have selected, but insoar asprocedure has not been so determined and the parties have opted or mediationor arbitration or a similar process, the rules o Book VII supplement the rules

determined by the parties.

7. I the parties are unable to resolve the dispute through a private process,they can reer it to the courts, subject to the provisions governing arbitration.



TITLE II

PRINCIPLES OF PROCEDURE APPLICABLE BEFORE THE COURTS

8. Public civil justice is administered by the courts under the legislativeauthority o Québec. The Court o Appeal, the Superior Court and the Courto Québec exercise their jurisdiction throughout the territory o Québec.

Municipal courts exercise civil jurisdiction in the matters assigned to themby special Acts, but only within the territory specifed by those Acts and bytheir constituting instruments. The organization and unctioning o municipalcourts is governed by the Act respecting municipal courts (R.S.Q.,chapter C-72.01).

CHAPTER I

MISSION OF COURTS

9. It is the mission o the courts to adjudicate the disputes brought beore

them, in accordance with the applicable rules o law and, in this regard, tospeak the law. It is also their mission to make a ruling, even in the absence o a dispute, where, because o the nature o a matter or the capacity o the parties,the law requires that the issue be submitted to the court.

Moreover, their mission, both in frst instance and in appeal, includesacilitating the conciliation o the parties i the law so requires, i the partiesrequest it or consent to it or i circumstances permit.

It is also part o the mission o the courts to ensure proper case managementin keeping with the principles and objectives o procedural law.

The courts and judges enjoy judicial immunity in the pursuit o theirmission.

10. The courts cannot seize themselves o a matter; it is up to the parties tointroduce a proceeding and determine its subject matter.

The courts cannot adjudicate beyond what is sought by the parties. I necessary, they can correct any inaccuracy in the conclusions set out in a writtenpleading in order to give them their proper characterization in light o theallegations contained in the pleading.

The courts are not required to decide theoretical questions or to adjudicatewhere a judgment would not put an end to the uncertainty or the controversy,but they cannot reuse to adjudicate under the pretext o the silence, obscurityor insufciency o the law.

In all cases, they must decide in the best interests o justice.



CHAPTER II

PUBLIC NATURE OF PROCEDURE BEFORE COURTS

11. Civil justice administered by the courts is public. Anyone can attendcourt hearings wherever they are held, and have access to court records andentries in the registers o the courts.

An exception to this principle applies i the law provides or closedproceedings or or the confdentiality o records, documents or inormation.In amily matters, or example, hearings o the court o frst instance are heldin camera; however, the court, in the interests o justice, can order that a hearingbe public.

The court can also make an exception to the principle o open proceedingsi, in its opinion, public order, the proper administration o justice, thepreservation o the dignity o the persons involved or the legitimate protectiono important interests requires that the hearing be held in camera or that accessto the record or the disclosure or circulation o inormation or documents

specifed by the court be prohibited or restricted.

Exceptions to the principle o open proceedings apply despite section 23 o the Charter o human rights and reedoms.

12. Lawyers, notaries, articling students, and journalists who show proo o their status can attend a hearing held in camera; i the hearing concerns thepersonal integrity or capacity o a person, persons whom the court considersinterested persons can also attend. The court can exclude such persons, however,i circumstances so require, to prevent serious prejudice to a person whoseinterests may be aected by the demand or the proceeding.

Unless authorized by the court, no person attending an in-camera hearing,nor any other person can disclose inormation that would allow the personswho are protected by the in-camera rule or order to be identifed, under paino contempt o court.

13. Access to records in personal integrity or capacity matters and amilymatters is restricted.

Documents pertaining to a person’s health or psychosocial situation that arefled in the records o the courts in other matters are confdential; they must befled under seal by the parties.

14. Confdential or access-restricted records or documents can only beconsulted or copied by the parties, their representatives, persons designated bylaw or persons, including journalists, who have been authorized by the courtater proving a legitimate interest, in which case the court can determineappropriate conditions and procedure. The Minister o Justice, by virtue o thatofce, is considered to have a legitimate interest to access records or research,reorm or evaluation purposes.



Judgments fled in a confdential or access-restricted record can only bepublished i the identity o the persons mentioned in them is protected and thepassages that allow persons to be identifed have been deleted or redacted.

15. Persons present at a court hearing must conduct themselves in arespectul and restrained manner. Those who prove a legitimate interest canmake a sound recording o the proceedings and the decision, but cannotbroadcast them. In no case can images be recorded.

Moreover, the parties and their representatives must, throughout theproceeding, exhibit the respect owed to the justice system.

All must obey the orders o the court and o the ofcers o justice under itsauthority, under pain o contempt o court.

CHAPTER III

GUIDING PRINCIPLES OF PROCEDURE

16. The court cannot rule on a demand, or order a measure on its owninitiative, that aects the rights o a party unless the party has been heard orduly summoned.

In any contentious proceeding, the court, even on its own initiative, mustuphold the adversarial principle and see that it is adhered to until the judgmentand during execution o the judgment. It cannot base its decision on groundswhich the parties have not had the opportunity to debate.

17. Judges must be impartial in all their decisions and rulings; a judge canbe recused i there are serious reasons to doubt his or her impartiality.

18. Parties must adhere to the principle o proportionality and ensure thattheir actions, their pleadings, including their choice o an oral or a writtendeence, and the means o proo they use are proportionate, in terms o the costand time involved, to the nature and complexity o the matter and the purposeo the demand.

Judges, in managing the proceedings they are assigned, must likewise ensurethat the measures or acts they order or authorize, whether at the casemanagement, trial or execution stage, are so proportionate, while bearing inmind the efcient processing o the court’s caseload and the general interesto justice.

19. Subject to the duty o the courts to ensure proper case management andthe smooth conduct o proceedings, the parties have control over their caseinsoar as they comply with the principles, objectives and rules o procedureand the prescribed time limits.



The parties must be careul to confne the case to what is necessary to resolvethe dispute, and must rerain rom acting with the intent to cause prejudice toanother person or behaving in an excessive or unreasonable manner, contraryto the requirements o good aith.

The parties can at any time agree to settle their dispute by resorting to aprivate mode o dispute prevention and resolution or to judicial conciliation;they can also otherwise terminate the proceeding at any time.

20. The parties are duty-bound to co-operate and, in particular, to keep oneanother inormed at all times o the acts and particulars conducive to a airdebate and make sure that relevant evidence is preserved. They must, amongother things, at the time prescribed by this Code or determined in the caseprotocol, inorm one another o the acts on which their claims are based ando the evidence they intend to produce. They can also, even beore a demandis introduced, co-operate by agreeing on a pre-judiciary protocol.

21. A person who is summoned as a witness is duty-bound to appear, testiy

and tell the truth.

A witness has the right to be inormed, by the summoning party, o the reasonwhy he or she was summoned, o the subject matter o the testimony and, i the witness so requests, o the order o the proceeding. A witness also has theright to be inormed without delay that his or her presence is no longerrequired.

22. Individuals can represent themselves beore the courts, but must complywith the rules o procedure.

They can act or others only within the limits set by law; they are otherwise

required to be represented as permitted or required by law.

23. The taking o an oath is an undertaking to tell the truth or to exercise aunction impartially and competently.

In addition to cases in which an oath is required by law, an oath can berequired by the court whenever it considers it necessary in the interests o

justice. The oath can be taken beore a judge, a court clerk or any other personlegally authorized to administer oaths.

CHAPTER IV

RULES OF INTERPRETATION AND APPLICATION OF THIS CODE

24. The rules contained in this Code are designed to acilitate the resolutiono disputes and to bring out the substantive law and ensure that it is carriedout.



Thereore, ailure to observe a rule that is not imperative does not preventa demand rom being decided provided the ailure is remedied on a timelybasis; likewise, i no specifc procedure is provided or exercising a right, anymode o proceeding can be used that is not inconsistent with the rules containedin this Code.

25. In applying this Code, the use o any appropriate technological meansthat is available to both the parties and the court is permitted, within thetechnological environment in place to support the administration o thecourts.

The court, even on its own initiative, can resort to or order the use o suchmeans, including or case management purposes; i it considers it necessary,the court, despite an agreement between the parties, can require a person toappear in person at a hearing, a conerence or an examination.

26. In a state o emergency declared by the Government or in a situationwhere it is impossible to comply with the rules o this Code or to use a means

o communication, the Chie Justice o Québec and the Minister o Justice can jointly suspend or extend a prescription or procedural period or a specifedtime, or authorize the use o another means o communication in the mannerthey speciy.

Their decision takes eect immediately, and must be published without delayin the Gazette ofcielle du Québec.

27. Ater considering the eects o the project on the rights o individualsand obtaining the agreement o the Chie Justice o Québec or the Chie Justiceo the Superior Court or the Chie Judge o the Court o Québec, according totheir jurisdiction, and ater consulting the Barreau du Québec or, as applicable,

the Chambre des notaires du Québec or the Chambre des huissiers de justicedu Québec, the Minister o Justice, by regulation, can modiy a rule o procedure, or introduce a new one, or a specifed time not exceeding threeyears, or the purposes o a pilot project conducted in specifed judicialdistricts.

TITLE III

JURISDICTION OF COURTS

CHAPTER I

SUBJECT-MATTER JURISDICTION OF COURTS

DIVISION I

JURISDICTION OF COURT OF APPEAL

28. The Court o Appeal is the general appellate court in charge o hearingappeals against judgments o other courts that are subject to such an appeal.



29. Judgments o the Superior Court or the Court o Québec that terminatea proceeding where the value o the subject matter o the dispute in appeal is$50,000 or more and judgments that pertain to the personal integrity, status orcapacity o a person, including decisions in adoption matters and protectivemandate matters, can be appealed as o right.

The same applies to judgments that rule on the special rights o the State,contempt o court judgments and judgments o the Superior Court or the Courto Québec that terminate a proceeding in cases where that Court has exclusive

jurisdiction under a law other than this Code.

To calculate the value o the subject matter o the dispute in appeal, accountmust be taken o interest already accrued on the date o the judgment in rstinstance and o the additional indemnity mentioned in article 1619 o the CivilCode. Legal costs are disregarded. I the subject matter o the appeal is theright to additional damages or bodily injury, only the amount o those damagesis to be taken into account.

30. The ollowing can be appealed only with leave o the Court o Appeal:

(1) Superior Court or Court o Québec judgments that terminate a proceedingbut are not appealable as o right;

(2) judgments in non-contentious matters that are not appealable as o right;

(3) judgments ruling on legal costs;

(4) judgments ruling on execution matters;

(5) judgments conrming or quashing a seizure beore judgment;

(6) judgments dismissing a judicial demand because o its impropernature;

(7) judgments denying a demand or orced or voluntary intervention;

(8) judicial review judgments o the Superior Court relating to the evocationo a case pending beore a court or to a decision made by a person or body ora judgment rendered by a court that is subject to judicial review.

Leave to appeal is granted i the Court o Appeal considers that the matterat issue is one that should be submitted to it, or example because it involvesa question o principle, a new issue or a question o law that has given rise toconficting judicial decisions.

31. A judgment o the Superior Court or the Court o Québec rendered inthe course o a proceeding is appealable as o right i it rules on an objection



to evidence based on the duty o discretion o public servants or proessionalsecrecy.

Such a judgment can be appealed with leave o a judge o the Court o Appeali it determines part o the issue or causes irremediable prejudice to a party,including i it allows an objection to evidence.

I a judgment ruling on an objection to evidence is rendered in the courseo the trial, an appeal against that judgment does not suspend the proceedingunless a judge o the Court o Appeal so decides, but the judgment on the meritscannot be rendered, nor the evidence concerned heard, until the decision onthe appeal is rendered. In all other cases, such a judgment cannot be challengedexcept on an appeal against the judgment on the merits.

32. Case management measures relating to the conduct o a proceeding andrulings on incidental demands concerning a continuance o suit, the joinder orseverance o demands, the suspension o a trial or the splitting o a proceedingcannot be appealed. However, i a measure or a decision appears unreasonable

in light o the guiding principles o procedure, a judge o the Court o Appealcan grant leave to appeal.

DIVISION II

JURISDICTION OF SUPERIOR COURT

33. The Superior Court is the court o original general jurisdiction. It has jurisdiction in frst instance to hear and determine any demand not ormallyand exclusively assigned by law to another court.

It has exclusive jurisdiction to hear and determine class actions.

34. The Superior Court is vested with a general power o judicial reviewover all courts in Québec other than the Court o Appeal, over public bodies,over legal persons established in the public interest or or a private interest andover partnerships and associations not endowed with juridical personality.

This power cannot be exercised in cases excluded by law or declared by lawto be under the exclusive purview o those courts, persons, bodies or groups,except where there is lack or excess o jurisdiction.

A matter is brought to the Court by means o an application or judicialreview.

DIVISION III

JURISDICTION OF COURT OF QUÉBEC

35. The Court o Québec has exclusive jurisdiction to hear and determinedemands in which the amount claimed or the value o the subject matter o the



dispute, exclusive o interest, is less than $80,000, including in lease terminationmatters, as well as demands ancillary to such a demand, including those orthe perormance in kind o a contractual obligation. However, it does not havesuch jurisdiction in cases where it is ormally and exclusively assigned toanother court or adjudicative body, or in amily matters.

A demand brought beore the Court o Québec is no longer within the jurisdiction o that Court i a cross-demand is made or an amount or valueequal to or exceeding $80,000, or i an amendment to the demand increasesthe amount claimed or the value o the subject matter o the dispute to $80,000or more. Conversely, the Court o Québec alone becomes competent to hearand determine a demand brought beore the Superior Court i, by an act o theparties, the amount claimed or the value o the subject matter o the disputealls below that amount. In either case, the record is transerred to the competentcourt i all parties agree or i the court so orders on its own initiative or at therequest o a party.

I two or more plaintis join together or are represented by the same personin the same demand, the Court o Québec has jurisdiction i it is competent tohear each o the demands.

36. Subject to the jurisdiction assigned to the municipal courts, the Courto Québec has jurisdiction, to the exclusion o the Superior Court, to hear anddetermine demands or the recovery o property taxes, other taxes or any otheramount due under an Act to a municipality or a school board, and demands bywhich the existence or amount o such a debt is contested.

The Court is also competent to hear and determine demands or thereimbursement o an overpayment to a municipality or a school board.

37. The Court o Québec has jurisdiction, to the exclusion o the SuperiorCourt, to hear and determine demands in adoption matters.

In other youth matters, jurisdiction and procedure are determined by specialActs.

I an adoption or youth protection matter is already beore the Court o Québec, it can rule on any related demand concerning child custody or theexercise o parental authority.

38. The Court o Québec and the Superior Court have jurisdiction to hearand determine a demand requesting the psychiatric assessment or confnement

o a person in a health or social services institution without his or her consent,and to determine the care required by his or her state o health.

39. The Court o Québec has exclusive jurisdiction to hear and determinedemands relating to an arbitration insoar as it would be competent to rule onthe subject matter o the disagreement reerred to the arbitrator, as well as



demands for the recognition and enforcement of a decision rendered outsideQuébec in a matter within its jurisdiction.

CHAPTER II

TERRITORIAL JURISDICTION OF COURTS

DIVISION I

TERRITORIAL JURISDICTION––APPEAL

40. The Court of Appeal sitting at Montréal hears appeals against judgmentsrendered in the judicial districts of Beauharnois, Bedford, Drummond, Hull,Iberville, Joliette, Labelle, Laval, Longueuil, Mégantic, Montréal, Pontiac,Richelieu, Saint-François, Saint-Hyacinthe and Terrebonne. The Court of Appeal sitting at Québec hears appeals against judgments rendered in all otherdistricts.

DIVISION II

TERRITORIAL JURISDICTION––FIRST INSTANCE

41. The court having territorial jurisdiction to hear a case is the court of thedomicile of the defendant, or of one of the defendants if there are two or moredefendants domiciled in different districts.

If the defendant has no domicile in Québec, the court that has territorial jurisdiction is the court of the defendant’s residence, the court where thedefendant has property or, in the case of a legal person, the court of the placewhere the defendant has an establishment.

So far as public order permits, the court of the defendant’s elected domicile,or the court designated by an agreement between the parties other than anadhesion contract, also has territorial jurisdiction.

42. At the plaintiff’s option,

(1) a demand for the performance of contractual obligations can also bebrought before the court of the place where the contract was made;

(2) a demand concerning extracontractual civil liability can also be broughtbefore the court of the place where the act or omission giving rise to the

prejudice occurred or the court of any of the places where the prejudice wassuffered; and

(3) a demand whose subject matter is immovable property can also bebrought before the court of the place where the property is wholly or partlysituated.



43. I a demand pertains to an employment contract or a consumer contract,the court having jurisdiction is the court o the domicile or residence o theemployee or the consumer, whether that person is plainti or deendant.

I a demand pertains to an insurance contract, the court having jurisdictionis the court o the domicile or residence o the insured, whether that person isplainti or deendant, or, as applicable, the court o the domicile or residenceo the benefciary under the contract. In the case o property insurance, thecourt o the place where the loss occurred also has jurisdiction.

An agreement to the contrary is unenorceable against the employee, theconsumer or the insured.

44. In matters relating to the personal integrity, status or capacity o a person,including a protection mandate, the court having jurisdiction is the court o thedomicile or residence o the minor or person o ull age concerned or, in thecase o an absentee, o the absentee’s representative.

A demand concerning a person o ull age who resides in a health or socialservices institution can also be brought beore the court o the place where theinstitution is situated, the court o his or her ormer domicile or residence, orthe court o the domicile o the plainti.

I the person o ull age under protective supervision, the plainti or therepresentative no longer lives in the district where the judgment was rendered,a demand or review o the judgment can be brought beore the court o thedomicile or residence o any o them.

45. In amily matters, the court having jurisdiction is the court o the parties’common domicile or, i they do not have a common domicile, the court o the

domicile o one o the parties, and, in cases o opposition to marriage or civilunion, the court o the place o solemnization.

In adoption matters, the court having jurisdiction is the court o the domicileo the minor child or o the plainti or, i the parties consent, the court o theplace under the responsibility o the director o youth protection who was lastin charge o the child.

I the parties are no longer domiciled in the district where the judgment wasrendered, a demand or review o the judgment can be brought beore the courto the domicile o one o the parties, but i one o them still lives in that district,the demand can only be brought in another district with the consent o that

party. Whenever a child is involved, the demand can be brought beore thecourt o the child’s domicile.

46. In succession matters, the court having jurisdiction is the court o theplace where the succession opened.



However, i the succession did not open in Québec, the demand can bebrought, at the plainti’s option, beore the court o the place where the propertyis situated, the court o the place where the death occurred or the court o thedomicile o the deendant or one o the deendants.

The court o the domicile o the liquidator o the succession is also competentin respect o any demand pertaining to the appointment o the liquidator or theexercise o the liquidator’s unctions.

47. Incidental demands, such as demands in warranty and demands oradditional damages or bodily injury, must be brought beore the court beorewhich the principal demand was brought.

48. At any stage o a proceeding, the chie justice or chie judge can, or acompelling reason, even on his or her own initiative, in the interest o the partiesor o the third persons concerned, order the transer o a case to another districtor order the holding o a trial or o a proceeding pertaining to the execution o a judgment in another district.

CHAPTER III

POWERS OF COURTS

DIVISION I

GENERAL POWERS

49. The courts and judges have all the powers necessary or the exercise o their jurisdiction both in frst instance and in appeal.

They can, at any time and in all matters, even on their own initiative, issueorders to saeguard the rights o the parties or the period and subject to theconditions they determine. As well, they can make such orders as are appropriateto deal with situations or which no solution is provided by law.

50. When sitting in frst instance in a non-contentious matter or in any casein which the interests o a child or the personal integrity, status or capacity o a person are at issue, the courts, even on their own initiative, can request theattendance o a person or the production o evidence, and hold an inormalmeeting to hear persons who can enlighten them and, ater summoning them,persons whose interests may be aected by the decision.



DIVISION II

POWER TO IMPOSE SANCTIONS FOR IMPROPER USE OFPROCEDURE

51. The courts can, at any time, on request and even on their own initiative,declare a judicial demand or a pleading improper and impose a sanction on the

party acting improperly.

The improper use o procedure may consist in a judicial demand or pleadingthat is clearly unounded, rivolous or dilatory or in conduct that is vexatiousor quarrelsome. It may also consist in bad aith, in the use o procedure in anexcessive or unreasonable manner or in a manner that causes prejudice toanother person, or in an attempt to pervert the ends o justice, particularly i itrestricts reedom o expression in public debate.

52. I a party summarily establishes that the judicial demand or pleadingmay constitute an improper use o procedure, the onus is on the initiator o thedemand or pleading to show that it is not excessive or unreasonable and is

justifed in law.

A demand or a court ruling on the improper nature o a pleading whoseeect is to restrict reedom o expression in a public debate must, in frstinstance, be dealt with as a matter o priority.

53. I the court notes an improper use o procedure, it can dismiss the judicialdemand or reject a pleading, strike out a conclusion or require that it beamended, terminate or reuse to allow an examination, or cancel a subpoena.

In such a case or where there appears to be an improper use o procedure,the court, i it considers it appropriate, can

(1) subject the urtherance o the judicial demand or the pleading to certainconditions;

(2) require undertakings rom the party concerned with regard to the orderlyconduct o the proceeding;

(3) suspend the proceeding or the period it determines;

(4) recommend to the chie justice or chie judge that special case managementbe ordered; or

(5) order the initiator o the judicial demand or pleading to pay to the otherparty, under pain o dismissal o the demand or rejection o the pleading, aprovision or the costs o the proceeding, i justifed by the circumstances andi the court notes that without such assistance that party’s fnancial situationwould likely prevent it rom eectively presenting its case.



54. On ruling on whether a judicial demand or pleading is improper, thecourt can order a provision or costs to be reimbursed, condemn a party to pay,in addition to legal costs, damages in reparation or the prejudice suered byanother party, including the proessional ees and disbursements incurred bythat other party, or, i justifed by the circumstances, award punitivedamages.

I the amount o the damages is not admitted or cannot be easily calculatedat the time the demand or pleading is declared improper, the court can summarilydetermine the amount within the time and subject to the conditions it specifesor, in the case o the Court o Appeal, reer the matter back to the court o frstinstance or a decision.

55. I the improper use o procedure results rom a party’s quarrelsomeness,the court can, in addition to other sanctions, prohibit the party rom institutinga judicial demand or presenting a pleading in an ongoing proceeding exceptwith the authorization o and subject to the conditions determined by the chie

justice or the chie judge.

56. I a legal person or an administrator o the property o others resorts toan improper use o procedure, the directors and ofcers o the legal personwho took part in the decision or the administrator can be ordered personallyto pay damages.

DIVISION III

POWER TO PUNISH FOR CONTEMPT OF COURT

57. The courts can punish the conduct o any person who is guilty o contempt o court, whether the contempt was committed in or outside the

presence o the court. In the case o contempt o the Court o Appeal committedoutside the presence o the Court, the matter is brought beore the SuperiorCourt.

A transaction that puts an end to the dispute cannot be invoked against thecourt in a matter o contempt.

58. A person who violates his or her oath, disobeys a court order or injunctionor acts in such a way as to interere with the orderly administration o justiceor undermine the authority or dignity o the court is guilty o contempt o court.

59. A person charged with contempt o court must be summoned, by awarrant o the court, to appear on the day and at the time specifed to hear proo o the acts held against him or her and to raise grounds o deence.

60. The court issues the warrant on its own initiative or ollowing a demand,which does not require notifcation.



The warrant must be served personally; however, i circumstances do notpermit personal service, the court can authorize another mode o notifcation.

I the contempt o court is committed in the presence o the court and mustbe ruled on without delay, the only requirement is that the person be frst calledupon to justiy the behaviour considered to be in contempt.

61. The judge in a contempt o court hearing must not be the judge beorewhom the contempt was allegedly committed, unless the contempt must beruled on without delay.

The proo submitted to establish contempt o court must be beyond areasonable doubt, and the person concerned cannot be compelled to testiy.

A judgment o contempt o court must state the sanction imposed and setout the acts upon which it is based.

62. The only sanctions that can be imposed or contempt o court are

(1) payment o a punitive amount not exceeding $10,000 per day in the caseo a natural person, or $100,000 per day in the case o a legal person, apartnership or an association; or

(2) perormance by the person or the person’s ofcers, over a maximumperiod o one year, o compensatory community work the nature and terms o which are specifed by the court or determined under the Code o PenalProcedure (R.S.Q., chapter C-25.1).

I, despite the sanction imposed, the person reuses to comply, the court canorder imprisonment or the term it specifes. The person must be brought beore

the court regularly, and imprisonment can be ordered again until the personcomplies. Imprisonment can in no case exceed one year.

A judgment ordering community work or imprisonment is enorced inaccordance with Chapter XIII o the Code o Penal Procedure.

DIVISION IV

RULES OF PRACTICE

63. A court can adopt rules to regulate practice in that court or in its divisionsand to ensure that the procedure established by this Code is properly complied

with in keeping with this Code. Such rules must be adopted by a majority voteo the judges o the court.

I expedient, the chie justice or chie judge o the court, ater consultingthe judges concerned, can issue instructions or one or more districts, as needed.Those instructions, o a purely administrative nature, are the only onesapplicable.



64. The chie justice or chie judge o the court determines the most eectivemode o consultation so as to obtain the opinion o each o the judges concernedon the rules o practice proposed or adoption.

The drat rules must be published in the Gazette ofcielle du Québec at least45 days beore they are adopted, with a notice stating that comments arewelcomed and indicating where they should be sent. I required by the urgencyo the situation, the chie justice or chie judge can shorten the publicationperiod, giving reasons in the publication notice.

65. Rules o practice adopted by a court come into orce 15 days ater theirpublication in the Gazette ofcielle du Québec or on any later date specifedin the rules. However, rules o practice o the Court o Québec that have fnancialimplications come into orce only ater they have been approved by theGovernment.

All such rules, as well as any instructions issued by the chie justice or chie judge, must be made easily accessible to the public, including through posting

on the courts’ website.

CHAPTER IV

COURT OFFICES

66. Court ofces provide clerical services to the court they serve, managethe inormation and documents required or the operation o the court and havecustody o court registers, records, orders and judgments. They also managethe ees and costs prescribed by regulation and are responsible or thepreservation o court archives.

Court ofces perorm their unctions in accordance with this Code, the ruleso practice o the court and the instructions o the chie justice or chie judgeand the directives o the Deputy Minister o Justice and within the technologicalenvironment in place to support the administration o the courts.

67. Court clerks are in charge o the court ofce to which they are assignedand exercise the powers conerred on them by law. With the consent o theMinister o Justice or a person designated by the latter, they can designatedeputy court clerks, who are authorized to exercise the powers o a court clerk.Court clerks are assisted by the personnel needed to carry out their unctionsand operate the court ofce.

In addition, the Minister, by order and with the consent o the chie justiceor chie judge, can appoint special clerks to exercise the adjudicative unctionsassigned to special clerks by law. Special clerks, by virtue o their ofce, canexercise the powers o court clerks.



CHAPTER V

POWERS OF COURTS, JUDGES AND COURT CLERKS

68. The jurisdiction and powers conerred on the Court o Appeal areexercised by the Court, its judges or the court clerk, as provided in this Code,particularly in Title IV o Book IV, which governs appeals.

The jurisdiction and powers conerred on the courts o frst instance are alsoconerred on the judges appointed to those courts. The courts, when holdinghearings, are vested with all the powers conerred by law on judges.

A measure which, under this Code, can be taken by the chie justice or chie judge can also, i warranted, be taken by the associate or assistant chie justiceor chie judge, according to the division o responsibilities that prevails at thecourt, or by another judge designated by them.

69. In frst instance, judges sit in open court to hear and try a demand.

Judges can meet with the parties in chambers or some other location o thiskind to take case management measures, rule on incidental demands, try amatter that is proceeding by deault and without witnesses, hear and decidenon-contentious matters, temporary injunctions or execution matters andexercise any other power which they are permitted by law to exercise inchambers. Minutes must be drawn up or all such meetings. Judges can at anytime, on request or on their own initiative, reer to the court a matter submittedto them in chambers.

70. Court clerks and special clerks only exercise the jurisdiction expresslyassigned to them by law. In matters within their jurisdiction, they have thepowers o the judges or the court.

They can, i they consider that the interests o justice so require, reer anymatter submitted to them to a judge or to the court.

71. I the judge is absent or unable to act and any delay could result in theloss o a right or cause serious prejudice, the court clerk can exercise the

jurisdiction o the judge.

However, the court clerk cannot rule on an incidental demand, issue an orderor police assistance or authorize the seizure o a property in the physicalpossession o a debtor or a seizure beore judgment unless no judge or specialclerk is present in the district; nor can the court clerk rule on a request orsuspension o execution unless it is impossible or him or her to reach a judgein another district or the on-call judge designated by the chie justice or chie

judge.

In addition to demands expressly excluded rom the jurisdiction o courtclerks, the court clerk cannot dispose o a demand relating to personal integrity



or status, an application or judicial review or a demand relating to aninjunction.

72. The special clerk can rule on any demand, contested or not, or securityor costs, or the summoning o a witness, or the disclosure, production ordismissal o exhibits, or access to a restricted record or or the physical, mentalor psychosocial assessment o a person, on a joinder o demands, on particulars,on amendments, on a substitution o lawyer or on relie rom deault, and onany request to cease representing. As well, in the course o a proceeding or o execution, the special clerk can rule on any pleading, but only with the consento the parties i it is contested.

The special clerk can homologate any agreement between the parties thatprovides a complete settlement o a child custody or support matter and can,in order to evaluate the agreement or assess the consent o the parties, convenethe parties and hear them, even separately, in the presence o their lawyer. I the special clerk considers that the agreement does not sufciently protect thechildren’s interests or that consent was obtained under duress, the case is

reerred to a judge or to the court.

An agreement homologated by the special clerk has the same binding orceas a judgment.

Demands and requests that are within the jurisdiction o the special clerk are presented directly to the special clerk and, unless contested, are decidedon the ace o the record.

73. In non-contentious matters, the jurisdiction o the court is exercised bya judge or the special clerk.

However, the special clerk cannot decide demands concerning a person’sstatus or personal integrity, demands concerning absence or a judicial declarationo death, demands or the review o a decision o the registrar o civil statusor demands relating to the publication o rights or the reconstitution o anauthentic act or o a public register.

74. Decisions o the court clerk other than administrative decisions anddecisions o the special clerk can, on request, be reviewed by a judge inchambers or by the court.

The request or review must state the grounds on which it is based, be notifedto the other parties and fled with the court within 10 days ater the date o the

decision concerned. I the decision is quashed, matters are restored to theirormer state.



TITLE IV

SPECIAL RIGHTS OF STATE

75. Beore resorting to the courts or the resolution o disputes with naturalor legal persons, the State and state bodies can, in accordance with the relevantgovernment regulations and to the extent permitted by the public interest and

by the applicable legal standards, have recourse to any available private disputeprevention and resolution process.

76. In any civil, administrative, penal or criminal case, a person intendingto question the operability, the constitutionality or the validity o a provisiono an Act o the Parliament o Québec or the Parliament o Canada, o aregulation made under such an Act, o a government or ministerial order or o any other rule o law must give notice to the Attorney General o Québec. Thesame applies when the legality o a regulation to which the Regulations Act(R.S.Q., chapter R-18.1) applies is challenged.

Such notice is also required when a person intends to seek remedy rom the

State, a state body or a legal person established in the public interest or aninringement or denial o his or her undamental rights and reedoms under theCharter o human rights and reedoms or the Canadian Charter o Rights andFreedoms (Part I o Schedule B to the Canada Act, chapter 11 in the 1982volume o the Acts o the Parliament o the United Kingdom in R.S.C.,1985, App. II, no. 44).

Again, such notice is required when a person intends to raise, in a proceeding,the question o the navigability or oatability o a lake or watercourse or thequestion o the ownership o the bed or banks o a lake or watercourse.

No such demand can be ruled on unless such notice has been validly given,

and the court can only adjudicate with respect to the grounds set out in thenotice.

77. To be validly given, the notice to the Attorney General must clearly statethe claims the person intends to assert and the grounds on which they are based,and be served on the Attorney General by a court baili as soon as possible inthe course o the proceeding but, in a civil matter, at least 30 days beore thecase is set down or trial and, in other matters, at least 30 days beore the dateset or the hearing o the grounds raised in the notice; in addition, the noticemust be accompanied by all pleadings already fled in the record. The AttorneyGeneral becomes a party to the proceeding without urther ormality, and cansubmit conclusions to the court, in which case the court must rule on them.

Only the Attorney General can waive such notice period.

The notice to the Attorney General must also be served on the AttorneyGeneral o Canada i the rule or provision concerned comes under ederal



jurisdiction; it must be served on the Director o Criminal and Penal Prosecutionsi the rule or provision concerned relates to a criminal or penal matter.

78. In criminal or penal matters, a notice to the Attorney General under thesecond paragraph o article 76 must be served at least 10 days beore the dateo the trial on the demand or remedy. Failing that, the court orders service o the notice and postpones the hearing, unless the Attorney General waives orthe court shortens the notice period because, in its opinion, it is necessary toprevent irreparable prejudice to the person making the demand or to a thirdperson.

Such a notice is not required i the remedy sought relates to the disclosureor exclusion o evidence or to the period o time elapsed since the accusation,or in the cases determined by order o the Minister o Justice published in theGazette ofcielle du Québec.

79. In a proceeding involving an issue o public interest, the court, even onits own initiative, can order the parties to invite the Attorney General to intervene

as a party.

The Attorney General, on the Attorney General’s own initiative, can interveneas a party in a proceeding involving the public interest, without notice orormality and without having to prove an interest.

The Attorney General can appeal any judgment on an issue involving thepublic interest.

80. No measures to orce execution are available with respect to a judgmentagainst the Attorney General other than in accordance with the special rulesor orced execution in real actions. I the judgment orders the payment o a

sum o money, the Minister o Finance, on receiving the judgment once it hasbecome fnal, pays the amount specifed out o available appropriations or,ailing that, out o the Consolidated Revenue Fund.

81. The courts cannot order a provisional remedy or a sanction against, orexercise the power o judicial review over, the Government or a minister o theGovernment or any person, whether or not a public servant, acting under theirauthority or on their instructions in a matter relating to the exercise o a unctionor the authority conerred on them by law. They can do so only i it is shownthat there was lack or excess o jurisdiction.



TITLE V

PROCEDURE APPLICABLE TO ALL JUDICIAL DEMANDS

CHAPTER I

SITTINGS OF COURTS AND TIME LIMITS

82. The courts do not sit on Saturdays or on holidays within the meaningo section 61 o the Interpretation Act (R.S.Q., chapter I-16), nor do they siton 26 December or 2 January, which are considered holidays or civil procedurepurposes. In urgent cases, a demand can be heard on a Saturday or a holidayby the on-call judge designated by the chie justice or chie judge.

In addition, courts o the frst instance are not required to sit between 30 Juneand 1 September, or between 20 December and 7 January. They are neverthelessrequired to hear cases relating to a person’s personal integrity, status or capacity,amily matters cases, cases concerning a labour or leasing contract, casesproceeding by deault, incidental proceedings, proceedings concerningprovisional remedies or control measures, non-contentious demands andproceedings incidental to the execution o judgments. I they hold a trial onthe merits during such a period, they must make sure, beore setting the date,that the parties and their lawyers and their witnesses, i any, can attend withoutany major inconvenience to themselves or their amilies.

In all circumstances, habeas corpus demands, demands concerning personalintegrity and demands identifed as urgent by law or considered urgent by thechie justice or chie judge have priority, in that order, over any other.

83. A time limit fxed by this Code, set by the court or agreed by the partiesor the perormance o an act or o a ormality runs as o the act, event, decision

or notifcation that gives rise to the time limit.

A time limit is counted by whole day or, i applicable, by month. I the timelimit is expressed in days, the day that marks the start is not counted but theterminal day is. I the time limit is expressed in months, it expires on the day,in the last month, that bears the same calendar number as the act, event, decisionor notifcation having given rise to the time limit; i there is no such calendarnumber in that month, the time limit expires on the last day o the month.

A time limit expires at 12 midnight on the last day; a time limit that wouldnormally expire on a Saturday or a holiday is extended until the ollowingworking day.

I a time limit is fve days or less, Saturdays and holidays are not counted.

84. A time limit described by this Code as a strict time limit cannot beextended unless the court is convinced that it was actually impossible or theparty concerned to act sooner. I the court considers it necessary, any othertime limit can be extended or, in an urgent situation, shortened by the court.



When the court extends a time limit, it can relieve a party rom the consequenceso ailing to comply with the original time limit.

In frst instance, the parties can agree on time limits other than thoseprescribed by this Code except in the case o strict time limits, those with whichthe parties must comply in the interest o the proper administration o justiceand those established or the beneft o third persons.

CHAPTER II

INTEREST REQUIRED TO BRING PROCEEDINGS

85. To bring a judicial demand, a person must have a sufcient interest.

In disputes that raise an issue o public interest, the interest o the plainti is assessed on the basis o whether the interest is genuine, whether the issue isa serious one that can be validly resolved by the court and whether there is noother eective way to bring the issue to the court.

86. The ollowing are considered to have an interest in a demand:

(1) the Public Curator, i the demand calls into question the capacity o aperson o ull age or concerns an absentee or the property o a minor;

(2) public ofcers or ofce holders, i the demand calls on them to makechanges to an act or a register; and

(3) persons o ull age and minors 14 years o age or older, i the demandconcerns their status or capacity.

CHAPTER III

REPRESENTATION BEFORE COURTS AND CAPACITY TO ACT

87. The right to act and represent a party beore the courts is reserved tolawyers. However, notaries can do so in non-contentious matters as specifedin paragraph 7 o section 15 o the Notaries Act (R.S.Q., chapter N-3).

88. The ollowing are required to be represented beore the courts by alawyer in contentious matters, and by a lawyer or a notary in non-contentiousmatters:

(1) representatives, mandataries, tutors or curators and persons acting onbehal o another person who, or serious reasons, cannot act on his or her ownbehal;

(2) legal persons, except a legal person established or a private interesthaving not more than fve persons bound to it by an employment contract whichgives an express mandate to one o its directors to represent it;



(3) general or limited partnerships and associations within the meaning o the Civil Code, unless all the partners or members act themselves or mandateone o their number to act;

(4) the Public Curator, guardians and sequestrators;

(5) liquidators, trustees and other representatives o collective interests whenacting in that capacity; and

(6) purchasers o accounts and collection agents.

89. Persons and groups, including partnerships and associations not endowedwith juridical personality, can be represented by a mandatary other than alawyer or the recovery o small claims under Title II o Book VI, in accordancewith the rules o this Code.

Legal persons and groups can be represented by such a mandatary or thepurpose o participating in the distribution o money derived rom an execution

measure.

90. Tutors, curators and other representatives o persons who are unable toully exercise their rights act in their own name and capacity. The same appliesto administrators o the property o others as regards their administration, andto mandataries as regards the ulfllment o a protection mandate.

91. Two or more persons who have a common interest in a dispute canmandate one o them to act in a proceeding on their behal. The mandate mustbe mentioned in the originating demand or in the deence.

The mandators are solidarily liable with the mandatary or the judicial costs.

The mandate is not aected by the death or change o status o any mandator,and cannot be revoked except with the authorization o the court.

92. An irregularity resulting rom ailure to be represented, assisted orauthorized has no eect unless it is not remedied, and this can be doneretroactively at any stage o a proceeding, even in appeal.

CHAPTER IV

DESIGNATION OF PARTIES

93. Parties are designated by their name and, i they are not acting in apersonal capacity, by the capacity in which they are acting or, in the case o public ofce holders, by their ofcial title i it is sufcient to identiy them.

Legal persons and general or limited partnerships are designated by the nameunder which they were constituted or by which they identiy themselves, andby their juridical orm. Syndicates o co-owners and associations and othergroups not endowed with juridical personality can be designated by the name



by which they are generally known; i the name o a syndicate o co-ownersis not known, it can be designated by the address o the building.

94. A party whose name is unknown or uncertain is sufciently designatedby a name that clearly identifes it.

I the subject matter o the demand is a bill o exchange or other privatewriting, a party is sufciently designated by the name or initials appearing onthe writing.

95. I the domicile or residence o a party must be stated, but is unknown,the party’s last known residence is sufcient. In the case o a legal person, agroup or an ofce holder, the principal establishment or any other knownestablishment or a proessional or other business address can be stated insteado the domicile.

96. A demand pertaining to the rights and obligations o the Governmentmust be directed against the Attorney General o Québec.

A demand pertaining to the rights and obligations o a public body or o apublic ofcer or ofce holder who is called on to make changes to an act or aregister must be directed against the body or person concerned.

97. A demand pertaining to the rights and obligations o the heirs, legateesby particular title and successors o a deceased person must be directed againstthe liquidator o the succession. However, i the liquidator is unknown or cannotbe identifed on a timely basis, the heirs, legatees and successors can becollectively designated as a party, without speciying their names orresidence.

Heirs and legatees by particular title o a person whose succession openedoutside Québec who have not registered a declaration o transmission inaccordance with article 2998 o the Civil Code can be sued and designatedcollectively in any immovable real action relating to the succession.

98. A demand pertaining to certain and determinate property must describethe property in such a manner as to clearly distinguish it rom other property.

A demand pertaining to an immovable must describe the immovable inaccordance with the book o the Civil Code governing the publication o rights.



CHAPTER V

PLEADINGS

DIVISION I

FORM AND CONTENT OF PLEADINGS

99. A pleading must speciy its nature and purpose and state the acts onwhich it is based and the conclusions sought. It must also state anything which,i not alleged, could take another party by surprise or raise an unexpecteddebate. The statements it contains must be clear, precise and concise, presentedin logical order and numbered consecutively.

A pleading must speciy the court seized, the judicial district in which it isfled, the number o the record to which it relates, the names o the parties andthe date o fling. I the court ofce can receive pleadings in technologicalmedia, the pleading must be in one o the standardized ormats determined bythe Minister o Justice to ensure the smooth operation o the court ofce.

The author o a pleading must be identifed by means o the author’ssignature, or that which serves the purpose o a signature as provided in theAct to establish a legal ramework or inormation technology (R.S.Q.,chapter C-1.1).

100. An originating demand, whether in a contentious or non-contentiousmatter, is fled with the court in writing by the plainti or, as applicable, bythe plainti’s lawyer or notary. In addition to the names o the parties, it mustset out the domicile or residence o the plainti and the last known residenceo the other parties, and indicate, i applicable, in what capacity a person is aparty to the proceeding i not in a personal capacity.

A demand in the course o a proceeding can be fled in writing or presentedorally and inormally; i it concerns a case management measure, i the judgeso requests or i the judge and the parties so agree, it can also be put down ina note, a letter or a notice.

101. I it is in writing, a demand in the course o proceeding must state thedate, time and place o presentation, and be notifed to the other parties at leastthree days beore its presentation.

It can only be contested orally, unless written contestation is authorized bythe court. During the hearing, any party can submit relevant evidence.

The acts alleged are presumed to be true, but the person making theallegation can be questioned about the acts alleged that are not supported byevidence fled in the record. Such an examination is held beore the hearing,as though it were a pre-trial examination; i the person reuses to submit to theexamination without valid cause, the demand can be dismissed.



102. When replying to a pleading, a party must admit the allegations thatit knows to be true and deny those that it does not admit, giving reasons orthe denial, or state that it is unaware o the act. To evoke an alleged act, it issufcient to reer to the paragraph in which it is set out.

Silence with respect to an alleged act is not an admission o that act.

103. In their pleadings, lawyers, notaries and court bailis must reer tothemselves by their name, the name o their partnership or the name by whichthey are known. They must also state their proessional address and the nameand contact inormation o the person in their ofce with whom the other partiescan communicate.

DIVISION II

SWORN PLEADINGS

104. Whenever the law requires that a pleading be supported by an oath,

or requires or allows a sworn written statement as evidence, the oath must besworn by the party, or by a representative or a servant o the party providedthat person can attest the veracity o the acts alleged.

The pleading or statement must mention the date and place the oath is swornor received, as well as the name and address o the person swearing the oathand the name and capacity o the person receiving it.

The person who swore the oath can be questioned concerning the actsattested; i he or she reuses to submit to such an examination without validcause, the pleading or statement is rejected. The person who attested the actsalleged in the pleading or who made the written statement can also be so

questioned i the pleading, attestation o acts or statement is deemed by lawto be sworn.

105. A sworn statement or a statement deemed to be sworn must set outthe acts and other evidence clearly and only contain acts or evidence that arerelevant and can be sworn to by the person making the statement. A reerenceto the paragraphs in the pleading is sufcient to identiy the acts that are swornto. The repetition o the wording o the pleading can render the statementinadmissible.

Evidence by sworn statement is permitted when the deence is oral. It isrequired in the case o an interlocutory injunction, a seizure beore judgment

or a judicial review.



DIVISION III

FILING OF PLEADINGS AND EXHIBITS

106. Pleadings fled with the court are considered to be original documents,whatever their medium.

107. An originating demand must be fled with the court beore it is notifedto the other parties. The court clerk records it in the court registers, opens andassigns an identifcation number to the case record and writes that number onthe document to be used by the party or notifcation purposes. All otherpleadings must be fled with proo o notifcation and with any other requireddocument.

Pleadings that are to be presented at the hearing, including the originatingdemand, must be fled with the court at least two days beore the date o presentation, except in an emergency.

No originating demand can be set down or trial or judgment unless the

plainti has frst fled proo o notifcation; an originating demand expires i it is not notifed within three months ater it is fled.

Pleadings on technological media fled outside court ofce hours are deemedto have been fled the ollowing day, at opening time. In an urgent situation,the fling o a pleading outside court ofce hours can be attested by the courtclerk.

To be considered received, a pleading must be fled with the prescribed costsand court ee, i any.

108. Any exhibit that is produced and fled in the record must remain in

the record until the end o the proceeding, unless all parties consent to its beingremoved. The parties must see to it that exhibits that contain identiyingparticulars generally held to be confdential are fled in a orm that protects theconfdentiality o the inormation.

Once the proceeding has ended, the parties must retrieve the exhibits theyhave fled; otherwise, they are destroyed by the court clerk one year ater thedate on which the judgment becomes fnal or the date o the act terminatingthe proceeding. In either case, the chie justice or chie judge, i o the opinionthat the exhibits can still be useul, can stay their destruction.

Exhibits fled in matters susceptible o review or reassessment and, in non-contentious matters, notices, certifcates, returns, minutes, inventories,statements, declarations and documents rendered enorceable by a judgmentcannot be removed rom the record or destroyed.



CHAPTER VI

NOTIFICATION OF DOCUMENTS

DIVISION I

GENERAL RULES

109. The purpose o notifcation is to bring an originating demand or anyother pleading or document to the attention o the persons concerned.

I the law so provides, documents must be notifed by baili, in which casethe notifcation is also called service.

In other cases, documents can be notifed by baili or by mail or courierservice, or by public notice or by any other appropriate means that providesthe sender with proo o delivery or sending. However, i no such proo isrequired, documents can be notifed by any means o communication.

Whatever the mode o notifcation used, a person who acknowledges receipto the document or admits having received it is deemed to have been validlynotifed.

A document intended or two or more addressees must be notifed to eachseparately.

110. I required by the circumstances, the court, ollowing an inormalrequest, can authorize a pleading to be notifed otherwise than as provided orin this chapter; in such a case, the court determines how notifcation is to beproved. The decision o the court is recorded on or attached to the pleading.

The authorization o the court can be obtained in the district where thedocument is to be notifed, the district o the court that is seized o the matteror the district o the notiying party’s residence or, or the notifcation o anotice o appeal, in the district where the judgment o frst instance wasrendered.

In notifcation matters, the court clerk can exercise the powers conerred onthe court.

111. Documents can be notifed by baili or by courier service between 7a.m. and 9 p.m. on any day except holidays. No documents can be notifedbetween lawyers, notaries, bailis and parties representing themselves on

Saturdays, on holidays or ater 4:30 p.m. except with their consent.

A document notifed by a technological means on a Saturday, on a holidayor ater 5 p.m. is deemed to have been notifed at 8 a.m. on the next workingday.



DIVISION II

NOTIFICATION BY BAILIFF

§1. — General provisions

112. Notifcation by baili consists in handing the documents to the

addressee personally or, i this cannot be done, in leaving it at the addressee’sdomicile with a person who is ft to receive it. I the document is not handedpersonally to the addressee or let at the addressee’s domicile, it must be letat a suitable place in a sealed envelope or in any other orm that protects itsconfdentiality.

The baili must sign and stamp the document being served and record thedate and time o service on it.

I the person to whom a document is addressed reuses to accept its delivery,the baili records the reusal on the document and in the certifcate o service.The document is deemed to have been served personally at the time o the

reusal. The baili must leave the document on the premises by any appropriatemeans.

113. A baili can serve a document anywhere in Québec. I there is nobaili frm in a radius o 75 kilometres rom the place o service, the documentcan either be served by a person o ull age residing within that radius anddesignated by the baili to act in his or her name and under his or her authority,or notifed by any other means best allowing the addressee to be reached. Inthe latter case, the document must be delivered to the addressee in exchangeor an acknowledgment o receipt.

When service is required by law, the only proessional ees and costs that

can be charged by the baili are those chargeable under the regulation underthe Court Bailis Act (R.S.Q., chapter H-4.1).

114. A document can be served even i another mode o notifcation ispermitted by law; no additional cost above the cost o notifcation by mail canbe charged to the addressee, however, unless the addressee has rendered servicenecessary or service has been authorized by the court.

115. Proo o service is evidenced by a certifcate o service drawn up bythe baili under his or her oath o ofce.

The certifcate o service must mention

(1) the court record number and the names o the parties;

(2) the nature o the document;

(3) the place, date and time o service;



(4) the name o the person to whom the document was delivered and, i notthe addressee, the person’s capacity or, as applicable, the place where thedocument was let;

(5) i applicable, the addressee’s reusal to accept delivery o the document;and

(6) the amount o proessional ees and costs.

The baili can correct a clerical error in the certifcate o service at any timebeore it is fled with the court.

116. I a document is served by a person designated by a baili, the persondraws up a certifcate o service, stating his or her name, address and capacity.The certifcate must be supported by an acknowledgement o receipt given bythe person who received delivery o the document, unless he or she reuses todo so, in which case this is recorded in the certifcate o service.

On inspection o the certifcate drawn up, ater an unsuccessul attempt toserve the document, by the person designated by the baili, the court canauthorize notifcation by any means appropriate in the circumstances. Theauthorization is recorded on the certifcate and on the document to benotifed.

§2. — Notifcation by personal service

117. An originating demand must be served on the addressee personally i the addressee is 14 years o age or older and the demand pertains to his or herpersonal integrity, status or capacity, or i the demand pertains to homologationo a protection mandate and the addressee is the mandator. The same applies

i the addressee is summoned to appear on a contempt o court charge or isimprisoned or otherwise confned against his or her will, or i the addressee’sidentity is unknown or uncertain.

118. I the parties reside together, notifcation o documents by one partyto the other must be by personal service, unless they have agreed together toanother mode o notifcation.

119. I there is a risk that personal service could worsen the addressee’sphysical or psychological condition, the court can authorize the delivery o thedocument, in a orm that protects its confdentiality, to an authorized personwithin the health or social services institution or to the person having charge

o the premises where the addressee is, or to any other person designated bythe court.

By way o exception, the court, i it considers that the notifcation o ademand or the confnement o a person in a health or social services institutionor a psychiatric assessment or ollowing a psychiatric assessment would be



harmul to the health or saety o the person concerned or o another person,or in an urgent situation, can exempt the demand rom notifcation.

§3. — Notifcation through intermediary

120. A document is notifed to a natural person at his or her domicile orresidence by leaving it in the care o a person who resides or works there andappears to be ft to give the document to the addressee; i this cannot be done,the document can be notifed by leaving it in the care o a person having chargeo the premises at the addressee’s business establishment or place o work, orby leaving it at the addressee’s elected domicile or with a person designatedby the addressee.

I the addressee’s place o work is a means o transportation such as a ship,an airplane or a bus, the document can, i need be, be notifed by a technologicalmeans.

121. A document is notifed to a legal person or an enterprise at its head

ofce or, i the head ofce is outside Québec, at one o its establishments inQuébec, by leaving it in the care o a person who appears capable o givingthe document to an ofcer or director o the legal person or enterprise or toone o the agents o the legal person or enterprise. It can also be handedpersonally to one o its ofcers, directors or agents, wherever that person maybe.

A document is notifed to a general or limited partnership, to an associationor to a group not endowed with juridical personality at its business establishmentor ofce. It can also be handed personally to one o its partners, members orofcers, wherever that person may be.

A document is notifed to a trustee, the liquidator o a legal person orenterprise or a trustee in bankruptcy at his or her domicile or place o work,either personally or by leaving the document in the care o a person who appearscapable o giving the document to the person concerned.

122. A document is notifed to the Attorney General o Québec at the Québecor Montréal ofce o the director o the legal department o the Ministère dela Justice by leaving it in the care o the person having charge o thepremises.

123. A document is notifed to the liquidator o a succession in the samemanner as to any other natural person. I the liquidator is unknown or resides

outside Québec, the document can be notifed to one o the heirs.

A document is notifed to heirs and legatees by particular title collectivelydesignated as a party by leaving it at the last domicile o the deceased; i thatdomicile is outside Québec or is closed or i no member o the deceased’samily is to be ound there, the document is notifed to one o the heirs orlegatees by particular title.



124. A document can be notifed by leaving it with a person designated bythe addressee or at the addressee’s elected domicile; i the addressee has nodomicile, residence or business establishment in Québec, a document can benotifed by leaving it with the frm o the lawyer representing the addressee.

§4. — Notifcation in place

125. A baili who has been unable to deliver a document to the addresseeor to an intermediary leaves a notice, in a sealed envelope, at the addressee’sresidence or business establishment, inorming the addressee o the unsuccessuldelivery attempt and speciying the nature o the document, the notiying party’sname and the place where the addressee can take delivery o the document.

The notice can be let in the addressee’s mailbox or in a place accessibleonly to the addressee or, ailing that, in a place where it will be plainly visible.It can instead be let in the care o the owner, administrator or manager o thebuilding. In all cases, the owner, administrator or manager is required to co-operate and give the baili access to an appropriate place to leave the notice.

Alternatively, the notice can be sent by a technological means.

126. A pleading cannot be notifed in a public place o worship, a courtroomor a hearing room o an administrative tribunal, nor can a pleading be notifedto a Member o the National Assembly in the Assembly chamber or a committeeroom.

DIVISION III

OTHER MODES OF NOTIFICATION

§1. — Notifcation by mail or by courier service

127. Notifcation by mail is the sending o a document to the last knownresidential address o the addressee; i the addressee’s place o residence isunknown, the document can be sent to the addressee’s known work address. Asending is considered to be by registered mail i the delivery or receipt o thedocument is recorded.

Notifcation by courier service is the delivery o a document to the addresseeor to the addressee’s representative according to the instructions o the notiyingparty.

128. Proo o notifcation by registered mail or by courier service isevidenced by the delivery notice or the receipt notice presented by the lettercarrier or the courier at the time o delivery. Failing that, proo o notifcationis evidenced by the sender’s declaration that the document was sent, with areerence to its delivery or receipt status.



A document is deemed to have been notifed on the date on which the receiptnotice was signed by the addressee or an intermediary capable o receivingnotifcation or, as applicable, on the date o the delivery notice.

§2. — Notifcation by public notice

129. Notifcation by public notice is by order o the court. Notifcation bypublic notice can also be used by a baili who has tried unsuccessully to servea pleading or document and has recorded that act in the certifcate o service.

130. Notifcation by public notice is the publication o a document or asummary o a document in any medium by which the person concerned canbe reached, such as on a website recognized by an order o the Minister o Justice or its publication in, or on the website o, a newspaper circulated in themunicipality o the person’s last known address or the municipality where theimmovable that is the subject o the dispute is situated.

A document published on a website must appear or at least 30 days, whereasa document published in hard copy in a newspaper can appear only once, inFrench; however, i required by the circumstances, the court can order that adocument be published in a newspaper more than once or that it be alsopublished in English.

A public notice concerning an originating demand must direct the deendantto take delivery o the demand at the court ofce within 30 days or any othertime specifed, and must mention the court order or the act that the publicationwas requested by the baili.

131. Proo o notifcation by public notice is evidenced by the fling with

the court o a relevant extract rom the published document, showing the dateand the mode or place o publication.

Notifcation by public notice is deemed to have taken place on the frst dayo publication.

§3. — Notifcation by technological means

132. Notifcation by a technological means is the sending o a documentto the address identifed by the addressee as the address where the addresseeagrees to receive documents, or to the address that the addressee publiclyrepresents as the address where the addressee agrees to receive documents,

provided the address is active at the time o sending.

However, notifcation o a document by a technological means to a partythat is not represented by a lawyer or a notary is permitted only with the consento that party.

133. Proo o notifcation by a technological means is evidenced by atransmission slip or, ailing that, by a sworn statement o the sender.



The transmission slip must set out the nature o the document, the courtrecord number, the names and contact inormation o the sender and theaddressee, and the place, date and precise time o sending; it must also containthe inormation needed to veriy that the entire document was sent. Thetransmission slip is fled with the court only i a party so requests.

§4. — Notifcation to correspondent

134. In a proceeding, a document can be notifed to a correspondent, whethera lawyer, notary or baili, or to a party itsel, by handing it personally to theperson, by a technological means or by any other means agreed to in the caseprotocol.

DIVISION IV

NOTIFICATION OF CERTAIN PLEADINGS

135. An originating demand, except one governed by Title II o Book VI,

must be notifed by baili. The same applies to other pleadings required to beserved under this Code or another law.

Documents that must be notifed by baili include

(1) witness subpoenas;

(2) cross-demands and intervention statements;

(3) judgments granting an injunction or containing any other order to do ornot do something; and

(4) notices o appeal and applications or the revocation o a judgment.

However, a demand that impleads the Public Curator, the Director o CivilStatus, the Registrar or the Agence du revenu du Québec can be notifed tothem otherwise than by service.

136. An originating demand must be notifed to the deendant and to theother parties. Notifcation o an originating demand is valid only i the documentis certifed by the notiying party, its lawyer or the baili as being a true copyo the document fled with the court.

All other pleadings by a party must be notifed to the lawyers or, as applicable,

notaries o the other parties, or to the parties themselves i they are not sorepresented. They can be certifed as true copies on request.

I the notifed document is not a true copy o the document fled with thecourt, the notiying party can notiy a new document, with or without leave o the court depending on whether the party that received the document has repliedor not.



137. The notiying party must, on request, let another party inspect theoriginal or the document held by the notiying party. I the notiying partyreuses or neglects to do so, the other party can seek a court order requiringcompliance within the time specifed by the court.

BOOK II

CONTENTIOUS MATTERS

TITLE I

INITIAL STAGES OF PROCEEDING

CHAPTER I

JUDICIAL DEMAND

138. In contentious matters, a judicial demand, which originates a proceeding,is conducted as set out in this Book, subject to the special rules in Book V

relating to certain civil matters and to the rules in Book VI relating to specialproceedings.

Even in the absence o a dispute, a demand may seek, in order to resolve agenuine problem, a declaratory judgment determining the status o thedemanding party or a right, power or obligation conerred on the demandingparty by a juridical act.

139. Two or more subject matters or claims can be joined in the samedemand, provided the conclusions sought are compatible. In amily matters,the conclusions sought can relate both to provisional and ancillary measuresand to the principal demand.

Two or more plaintis can join their claims and the conclusions they areseeking in the same demand i they have the same juridical basis, are groundedon the same acts or raise the same points o law or i circumstances permit.I they agree on the acts, they can confne the demand to the issue o law whichis likely to cause a dispute between them.

140. A plainti cannot divide a debt that is due or the purpose o claimingpayment o its several portions in dierent demands.

CHAPTER II

SUMMONS AND DEFENDANT’S ANSWER

141. The plainti summons the deendant beore justice by means o asummons attached to the demand. The summons includes a list o the exhibitsin support o the demand and inorms the deendant that they are available onrequest.



The deendant must answer the demand within the ollowing 15 days, ailingwhich a deault judgment can be granted and costs awarded against thedeendant.

142. The summons must be in the orm established by the Minister o Justice.

The summons states that the deendant must collaborate with the plainti in establishing the case protocol that is to govern the conduct o the proceeding;it also specifes the sanction that can be imposed on the deendant or ailureto answer the demand within 15 days ater service o the summons.

As well, the summons mentions that the deendant can contact the court torequest that the demand be processed according to the rules o Title II o Book VI relating to the recovery o small claims, provided the deendant wouldqualiy to act as plainti under those rules. The summons urther states that i the deendant requests that the demand be so processed, the plainti’s legalcosts will not exceed those prescribed or the recovery o such claims.

143. In the answer to a demand, the deendant states that the deendant willeither agree to a settlement or deend the demand and establish a case protocolwith the plainti. The deendant can also suggest mediation or a settlementconerence. I the deendant is represented by a lawyer, the answer must alsoinclude the lawyer’s name and contact inormation. The answer is notifed tothe plainti or the plainti’s lawyer, and fled with the court identifed in thesummons.

CHAPTER III

CASE MANAGEMENT

DIVISION I

CASE PROTOCOL

144. The parties must collaborate to either arrive at a settlement or establisha case protocol. The case protocol sets out the parties’ agreements andundertakings, and defnes the issues in dispute. It assesses whether a settlementconerence would be appropriate, describes the steps to be taken to ensure theorderly progress o the proceeding, assesses the time these steps will require,appraises the oreseeable legal costs, and sets the deadlines to be met withinthe strict time limit or trial readiness.

The case protocol covers such aspects as preliminary exceptions andsaeguard measures as well as the procedure and time limit or pre-trialdiscovery and disclosure. It includes admissions and provides or the disclosureo exhibits and other evidence and the use o written statements in lieu o testimony. It assesses the necessity o seeking expert opinion on one or morematters, explains the nature o the opinion sought and states the reasons orwhich the parties do not intend to jointly seek expert opinion, i that is the case.



It also assesses the necessity o conducting pre-trial written or oral examinationsand specifes their anticipated number and length. It states that an extension o the time limit or trial readiness will be necessary i that is so. It describesoreseeable incidental demands and, i a written deence proves necessary, setsa time limit or fling the deence.

145. The case protocol agreed between the parties’ lawyers must be notifedto the parties unless they have signed it.

It must be fled with the court within 45 days ater service o the summonsor, in amily matters, within three months ater service o the summons.

The court examines the case protocol within 15 days ater it is fled andnotifes the parties either that a case management conerence will not benecessary or that they will be convened to a case management conerence tobe held within 20 days ater the notifcation.

146. The case protocol is binding on the parties, who must each comply

with it under pain, among other sanctions, o paying the legal costs incurredby the other parties or by third persons as a result o their ailure to comply.

147. An impleaded person can participate in the establishment o the caseprotocol. An impleaded person who chooses to do so must notiy the partieswithin 15 days ater notifcation. An impleaded person who chooses not to doso is presumed to accept the case protocol established by the parties.

A person added as a party in the course o a proceeding must, within 15 days,propose terms or participation in the proceeding, taking into account theexisting case protocol. Failing agreement with the other parties, the person canask the court to set those terms and modiy the case protocol accordingly.

148. I a party ails to collaborate in the establishment o a case protocol,the other party fles a proposal within the time limit or fling. I the dierencesbetween the parties are such that they cannot agree on a case protocol, theplainti fles a proposal within the time limit or fling, stating the points onwhich the parties dier.

DIVISION II

CASE MANAGEMENT CONFERENCE

149. At the case management conerence convened on its own initiative oron request, the court acquaints itsel with the acts and legal issues in dispute,examines the case protocol, discusses it with the parties and takes the appropriatecase management measures.

The court, i it considers it appropriate, can require undertakings rom theparties concerning the continuation o the proceeding, or subject the proceedingto certain conditions. I a party is absent without valid reason, the court can



hear the party that is present i the latter is ready to proceed, or note the deaultand return the case to the court ofce to be set down or judgment.

150. A party that has preliminary exceptions to assert must notiy astatement to the other party and fle it with the court at least three days beorethe scheduled management case conerence date.

151. At the case management conerence, the court can hear the parties onthe preliminary exceptions or postpone the hearing o preliminary exceptionsto a specifed later date, hear a brie statement by the deendant o the groundsor deence, which are recorded in the minutes o the hearing, and try the caseimmediately i the deence is to be oral and the parties are ready to proceed,or order the court clerk to set the case down or trial.

Preliminary exceptions are presented and contested orally, but the court canauthorize the parties to submit the appropriate evidence.

152. I the trial takes place on the same day as the case management

conerence, the parties prove their cases by means o written sworn statementsi the law so requires or allows. They can also present any other evidence, beit oral or documentary.

153. By way o exception, i it is shown to the court that the demand is o a conservatory nature, that a settlement is likely and that the eort required toprepare the case or trial would be pointless or disproportionate in thecircumstances, the court can stay the proceeding or the time it determines. Itcan lit the stay on a party’s request i it considers that the grounds or the stayno longer exist.

DIVISION IIISPECIAL CASE MANAGEMENT

154. Given the nature, character or complexity o a case, the chie judgeor chie justice can order case management to ensure the orderly progress o the proceeding as soon as it is instituted and even beore the case protocol isfled.

The chie judge or chie justice can, or the same reason, on his or her owninitiative or on request, order special case management at any time and assigna judge as special case management judge. The special case management judgeis responsible, throughout the proceeding, or disposing o all incidentaldemands, convening a trial management conerence i expedient, and issuingsuch orders as are appropriate, unless another judge is temporarily assignedbecause the special case management judge is unable to act. The special casemanagement judge can also be assigned to preside over the trial and adjudicateon the merits o the principal demand.



DIVISION IV

CASE MANAGEMENT MEASURES

155. For case management purposes, at any stage o a proceeding, the courtcan decide, on its own initiative or on request, to

(1) take measures to simpliy or expedite the proceeding and shorten thetrial by ruling, among other things, on the advisability o ordering theconsolidation or separation o proceedings or the splitting o the proceeding,o better defning the issues in dispute, o amending the pleadings, o limitingthe length o the trial, o admitting acts or documents or o determining theprocedure and time limit or the disclosure o exhibits and other evidencebetween the parties, or by convening the parties to a case managementconerence or a settlement conerence or encouraging them to use mediation;

(2) determine terms or the use o expert evidence, whether joint or not,assess the purpose or and useulness o seeking expert opinion as well as theanticipated costs, set a time limit or submission o the expert’s report and, i

the parties ailed to agree on joint expert evidence, appreciate the merits o their reasons and order joint expert evidence regardless, i necessary to upholdthe principle o proportionality;

(3) determine the number and length o and other conditions relating topre-trial examinations, i such examinations are required;

(4) order notifcation o the demand to persons whose rights or interestsmay be aected by the judgment or invite the parties to bring a third person inas an intervenor or to implead a third person i the court considers that the thirdperson’s participation is necessary in order to resolve the dispute or, in status,capacity or amily matters, order the production o additional evidence;

(5) dispose o any requests made by the parties, modiy the case protocolor authorize or order such provisional or saeguard measures as it sees ft;

(6) order an oral deence i it considers that the absence o a written deencewill not cause prejudice to the parties, or authorize the fling o a written deencei it has been shown to be necessary; or

(7) extend the time limit or trial readiness.

Saeguard orders issued in urgent cases or on the postponement o the hearinglapse six months ater they are issued, unless extended by the parties by mutual

agreement, or by the court.

The court’s decisions are recorded in the minutes o the hearing and areconsidered to be part o the case protocol. Unless reviewed, they govern theconduct o the proceeding.



156. I the court considers it necessary that a minor be represented in orderto saeguard his or her rights and interests, it can, at any time, even on its owninitiative, order the appointment o a lawyer, rule on the lawyer’s ee anddetermine who will be responsible or its payment.

The court can do the same or an incapable person o ull age who is notrepresented by a tutor, a curator or a mandatary. It can, on its own initiative,order notication o the demand to the Public Curator.

In all cases where the representative o a minor or o an incapable persono ull age has an interest adverse to that o the minor or incapable person, thecourt, even on its own initiative, can appoint a tutor or curator ad hoc to ensureproper representation o the minor or incapable person.

CHAPTER IV

SETTLEMENT CONFERENCE

157. At any stage o a proceeding, the chie justice or chie judge can assigna judge to preside over a settlement conerence i the parties so request, briefystating the issues in dispute, or i the chie justice or chie judge recommendsthat a settlement conerence be held and the parties concur.

The duty o presiding over the settlement conerence alls within theconciliation mission o judges.

158. The purpose o a settlement conerence is to acilitate dialogue betweenthe parties so that they may better understand and assess their respectiveinterests, positions and claims, and to acilitate negotiation so that they canresolve the dispute in a mutually satisactory manner.

159. A settlement conerence is held in the presence o the parties, and, i the parties so wish, in the presence o their lawyers. It is held in private, at nocost to the parties and without ormality.

The settlement conerence does not suspend the proceeding, but the judgepresiding over the settlement conerence can, i necessary, modiy the caseprotocol accordingly.

Anything said, written or done during the settlement conerence iscondential.

160. In agreement with the parties, the judge presiding over a settlementconerence determines the schedule o meetings and denes the rules that areto apply to the settlement conerence and any measure to acilitate itsconduct.



The rules can, among other things, allow the judge to meet with the partiesseparately and allow other persons to take part in the settlement conference if it is considered that their presence would be helpful in resolving the dispute.

The parties must ensure that the persons who have authority to transact arepresent at the conference or that they may be reached in a timely manner togive their consent.

161. If a settlement is reached, the judge who presided over the settlementconference can homologate the settlement on request.

If no settlement is reached, the judge can take the appropriate casemanagement measures or, with the parties’ consent, convert the settlementconference into a case management conference. The judge cannot, however,subsequently try the case or determine any incidental demand.

CHAPTER V

DEFENCE

DIVISION I

PRELIMINARY EXCEPTIONS

§1. — Declinatory exception

162. If a demand is brought before a court other than the court of competent jurisdiction, the defendant can ask that it be referred to the competent court or,failing that, that it be dismissed.

Lack of subject-matter jurisdiction can be raised at any stage of theproceeding, and can even be declared by the court on its own initiative, inwhich case the court adjudicates as to legal costs according to thecircumstances.

§2. — Exception to dismiss

163. The defendant can ask that the demand be dismissed if

(1) there is lis pendens or res judicata;

(2) one of the parties is incapable or does not have the necessary capacity

to act; or

(3) the plaintiff clearly has no interest.

The defendant can also ask that the demand be dismissed if it is unfoundedin law whether or not the facts alleged are true. Such an exception can applyto only part of the demand.



The plaintiff can be allowed a period of time to correct the situation. If, onthe expiry of the time allowed, the correction has not been made, the demandis dismissed.

The dismissal of a demand can be urged even if the exception to dismisswas not raised before the case management conference.

§3. — Other exceptions

164. The defendant can ask the court to take any measure conducive to theorderly progress of the proceeding.

The defendant can also, for the purposes of the defence, ask the court toorder the plaintiff to clarify allegations made in the demand or to disclose adocument to the defendant, or ask for the striking of immaterial allegations.

DIVISION II

DEFENCE ON MERITS

165. To defend a demand is to raise grounds of law or fact showing thatthe conclusions sought by the plaintiff should be granted neither in whole norin part; the defence joins the issues between the parties. The defence can allegeany material facts, even material facts that have arisen since the institution of the demand, and can advance any conclusions necessary to defeat a ground setup by the other parties.

If the defence is oral, the arguments raised are recorded in the minutes or ina brief point-form outline attached to the minutes. If the defence is written, itis set out in a pleading.

A declaration that one submits to justice is not a defence nor is it acquiescencein the claims of another party.

166. The defendant can, in the defence, make a cross-demand against theplaintiff to assert a claim arising from the same source as the principal demandor from a related source. The court remains seized of the cross-demand despitediscontinuance of the principal demand.

The defence of a cross-demand is to be oral in all instances, unless the courtrequires that it be written.

167. The defence is to be oral in all instances where the case does notpresent a high level of complexity or it is desirable that the case be decidedpromptly. The defence is to be oral, for example, in all instances where thepurpose of the proceeding is to obtain support or a right relating to the custodyof a child, to obtain the surrender of property, an authorization, a designation,a homologation or the recognition of a decision, or where its subject matter is



the manner in which an ofce is to be perormed or the sole determination o a sum o money due under a contract or as reparation or proven prejudice.

A cross-demand is also to be oral in such instances.

CHAPTER VI

READINESS FOR TRIAL AND SETTING DOWN FOR TRIAL ANDJUDGMENT

168. Within six months ater receipt o a notice stating that a casemanagement conerence is not to be convened or within six months ater thecase management conerence, the plainti must ensure that the case is readyor trial and that it is set down or trial and judgment. The six-month time limitis a strict time limit. In amily matters, the time limit is one year.

Nevertheless, the court can extend the time limit at the case managementconerence i warranted by the complexity o the case or by special circumstances.

The court can even extend it beore the expiry o the strict six-month time limiti the parties show that it was in act impossible, at the time o the casemanagement conerence, to adequately assess how long they would need toprepare the case or trial, or that circumstances unoreseeable at that time havesince occurred. The new time limit set by the court is also a strict time limit.

I the parties or the plainti have not fled a case protocol or a proposed caseprotocol within the prescribed 45-day or three-month time limit or doing so,the six-month or one-year time limit under this article is computed rom serviceo the demand. In such an instance, the court cannot extend the latter time limitunless it was impossible or one o the parties to act beore its expiry.

169. A case is ready or trial and judgment when the issues are joined asto the principal demand and any cross-demand, and a request or setting downor trial and judgment can be made as soon as the case is so ready.

I the deence is to be written, the request or setting down is made by theparties or by one o them; i the deence is to be oral and the case was not heardat the case management conerence, the case is set down by the court clerk onan order o the court.

170. A request or setting down is made by means o a joint declaration bythe parties stating that the case is ready or trial and containing

(1) the name o each party and, i applicable, the name o each party’slawyer, as well as their contact inormation;

(2) a list o the exhibits and other evidence disclosed between the parties;



(3) a list o the witnesses each party intends to call and a list o those whosetestimony is intended to be presented in the orm o sworn statements, excepti there is reasonable cause not to disclose their identities;

(4) a list o admissions;

(5) a list o the points submitted to experts;

(6) an estimate o the length o the trial; and

(7) the particulars o each o the conclusions sought.

I the declaration cannot be made by the parties jointly, the plainti fles adeclaration and notifes it to the other parties. The plainti’s declaration isdeemed confrmed unless the other parties speciy, within fve days ater it isfled, what should, in their opinion, be added or deleted.

171. I the deendant ails to answer the summons, the court clerk sets the

case down or judgment on a simple request by the plainti. I the deendantails to attend the case management conerence or to fle a deence within thetime limit set in the case protocol, the court clerk sets the case down or

judgment on an order o the court.

In all instances, the plainti must fle the exhibits and the plainti’s ownsworn declaration with the court.

172. I the plainti in the principal demand ails to have the case set downwithin the strict time limit, the demand is presumed to be discontinued. In suchan instance, any cross-plainti can request that the cross-demand be set downwithin 30 days ater the expiry o the time limit.

The court can relieve the plainti rom the sanction i it is satisfed that itwas impossible or the latter to act within the time limit. In such an instance,the court modifes the case protocol and sets a new time limit, which cannotbe extended.

173. A premature or irregular request or setting down a case can becancelled by the court or the court clerk, on their own initiative. A request madeater the expiry o the time limit prescribed by law or set by the court isinadmissible.

174. Unless a trial date has been set by the court or with the consent o the

parties, a notice o the trial date is notifed by the court clerk to the parties andtheir lawyers. The notice is notifed at least one month but not more than twomonths beore the trial date, unless the parties agree to a shorter notice period.The notice is presumed to have been received i the court clerk’s register showsthat it was notifed.



The act that a party did not receive the notice is not grounds or postponingthe trial i the party’s lawyer received it.

CHAPTER VII

PRE-TRIAL CONFERENCE

175. Once a case has been set down or trial, the judge who is to presideover the trial or any other judge assigned by the chie judge or chie justice,on his or her own initiative or on request, can convene the lawyers to discussappropriate means o simpliying and shortening the trial.

The lawyers must, on the judge’s request, provide any exhibits or otherevidence not already fled in the record that they intend to produce as evidenceduring the trial.

The agreements and decisions made during the pre-trial conerence arerecorded by the judge in the minutes o the conerence and are binding on the

parties during the trial.

CHAPTER VIII

PROCESSING OF CASE SET DOWN FOLLOWING DEFENDANT’SDEFAULT

176. I a case has been set down on account o the deendant’s ailure toanswer the summons, the plainti can obtain judgment without urther delayor notice. However, i the deendant is the Attorney General, the plainti mustgive the Attorney General at least one month’s notice that the case is to be setdown or judgment.

I a case has been set down on account o the deendant’s ailure to attendthe case management conerence without valid cause or to fle a deence withinthe time limit set in the case protocol, the deendant must be given at least fvedays’ advance notice beore the case proceeds to trial.

177. In deault proceedings, the special clerk can render judgment i thesole subject matter o the demand is the price o a service contract or the salesprice o movable property; the special clerk can also render judgment i thedemand is or payment o an amount o money clearly stated in an authenticact or private writing.

The special clerk renders judgment without hearing witnesses, on the aceo the demand and the documents supporting the plainti’s claims. The specialclerk can reer the demand to the court i he or she considers it necessary. Thespecial clerk can also validate any seizure beore judgment in theproceeding.



178. When an evidence hearing is necessary, the whole o the evidence canbe adduced in the orm o written sworn statements.

During the evidence hearing, the deendant cannot produce witnesses butcan cross-examine any witnesses called by the plainti. The witnesses can alsobe questioned by the judge in chambers or by the special clerk, i the judge orclerk considers such questioning useul and the parties consent. A depositiongiven during an examination is sound-recorded, unless waived by the parties.

179. I there are two or more deendants but only one or some are in deault,the plainti can proceed rst against those in deault and request that the casebe set down or judgment, ater giving notice to all who are party to the caseprotocol. However, i the court is o opinion that the dispute requires a uniormdecision or all the deendants, whether because o the subject matter o thedemand or in order to avoid conficting judgments, it orders the proceeding tocontinue against all o them in accordance with the case protocol.

TITLE II

INCIDENTAL PROCEEDINGS

CHAPTER I

INTERVENTION OF THIRD PERSONS IN PROCEEDING

DIVISION I

GENERAL PROVISION

180. Intervention is either voluntary or orced.

Intervention is voluntary when a person who has an interest in a proceedingbut is not a party or whose participation in a proceeding is necessary in orderto authorize, assist or represent an incapable party intervenes in the proceedingas a party. It is also voluntary when a person asks to intervene in a proceedingsolely to contribute to the debate during the trial.

Intervention is orced when a party impleads a third person to intervene ina proceeding in order to allow the ull resolution o the dispute or the executiono the judgment against the third party. It is also orced when a party intendsto assert a demand in warranty against a third person.

DIVISION II

VOLUNTARY INTERVENTION

181. Voluntary intervention is termed aggressive when the third personseeks to be acknowledged as having, against the parties or one o them, a rightwhich is in dispute. It is termed conservatory when the third person wishes tobe substituted or one o the parties in order to represent it, or to be joined with



one o the parties in order to assist it or support its claims. A third person issaid to intervene as a riend o the court when the sole purpose o the interventionis to contribute to the debate during the trial.

A third person intervening in a proceeding or aggressive or conservatorypurposes becomes a party to the proceeding.

182. A third person who wishes to intervene in a proceeding or conservatoryor aggressive purposes must notiy an intervention statement to the parties,setting out the third person’s interest in the case and claims, the conclusionssought and the acts justiying them. The intervention statement must alsopropose terms or the intervention with due regard or the case protocol.

The parties have 10 days to notiy their opposition to the intervention to thethird person and the other parties. I there is no opposition to the intervention,the third person’s interest is presumed to be sufcient and the proposed termsto be accepted on the fling o the intervention statement with the court. I thereis opposition to the intervention, the third person presents the intervention

statement beore the court in order to obtain a ruling on the interest in theproceeding and the terms o the intervention.

183. A third person who wishes to participate in the debate during a trialmust obtain authorization rom the court. The third person must fle anintervention statement setting out the purpose o and grounds or the interventionand notiy it to the parties at least fve days beore the date scheduled orpresentation beore the court o the request or authorization.

Ater hearing the third person and the parties, the court can grant authorizationi it is o the opinion that the intervention is useul; in making its decision, thecourt considers the importance o the issues in dispute, particularly with respect

to the public interest, and the relevance o the third person’s contribution tothe debate.

DIVISION III

FORCED INTERVENTION

184. A orced intervenor is impleaded by service o an interventionstatement setting out the grounds or the intervention, together with the judicialdemand. The intervention statement proposes terms or the intervention withdue regard or the case protocol.

The impleading o a third person in the course o a proceeding is done inthe same manner.

185. When the purpose o a orced intervention is to call a third person inwarranty, the warranty is termed simple i the plainti in warranty is beingsued as personally liable. The warranty is termed legal i the plainti in warrantyis being sued as the holder o a thing.



A third person called in simple warranty cannot take up the deence o theplainti in warranty, but can choose to contest the claim asserted against thelatter.

A third person called in legal warranty can take up the deence o the plainti in warranty and the latter can ask to be relieved rom deending. In order topreserve their rights, the plainti in warranty, although relieved rom deending,can remain in the proceeding and the principal plainti can require that theplainti in warranty remain in the proceeding. A judgment rendered againstthe legal warrantor is enorceable against the plainti in warranty ater it isnotifed to the latter.

186. The principal demand and the demand in warranty are joined in asingle proceeding and, unless separated by the court, are subject to the samecase protocol, which is revised to take the demand in warranty into account.The demands are tried together and a single judgment decides them both.

CHAPTER II

INCIDENTAL PROCEEDINGS RELATING TO PARTIES’ LAWYERS

187. A party’s lawyer can be disavowed in the course o a proceeding andthe acts perormed by the lawyer beyond the scope o his or her mandate,repudiated. A demand to that eect is brought by the party or by a speciallymandated lawyer and is notifed to the disavowed lawyer and the otherparties.

Ater judgment, a disavowal must be instituted by means o an originatingdemand. Execution o the judgment is not stayed unless the court so orders.

I the disavowal is held to be well-ounded, the lawyer ceases to representthe party, the repudiated acts are annulled and the parties, restored to theirormer state.

188. I, beore a case is taken under advisement, the lawyer o one o theparties withdraws, dies or becomes disqualifed rom practising as a lawyer, aormal notice must be given to the party to appoint another lawyer or send theother parties a notice o intention to sel-represent. The party must answer theormal notice within 10 days ater its notifcation. No pleading can be fled or

judgment rendered during that time.

I the party does not appoint a new lawyer, the proceeding continues as

though the party were not represented. I the party does not comply with thecase protocol, any plainti in the case can ask that the case be set down or

judgment and any deendant in the case, that the demand be dismissed.

A party represented by a lawyer is deemed to have been inormed o anotherparty’s lawyer’s death, disqualifcation or appointment to a public ofce that



is incompatible with practice as a lawyer, without notication o the death,disqualication or appointment being necessary.

189. On a party’s request, a lawyer can be declared disqualied to act in aproceeding, as when the lawyer is in a confict o interest situation and doesnot take steps to remedy it, has disclosed or will be required to disclosecondential inormation to another party or a third person, or is called as awitness in the proceeding on material acts. In the latter case, the lawyer canonly be declared disqualied or serious cause.

190. A lawyer who wishes to cease representing a party can do so i he orshe noties the party, the other parties and the court clerk beore a trial datehas been set.

I a trial date has been set, the lawyer cannot cease representing the party,nor can another lawyer be brought in as a substitute, without the authorizationo the court.

191. I parties joined as plaintis in a proceeding are represented by thesame lawyer, the court, to avoid genuine problems and to ensure that justice isdone, can adjourn the trial until each o the parties has appointed a new lawyeror led a notice o intention to sel-represent.

CHAPTER III

CONTINUANCE OF PROCEEDING

192. A proceeding is not delayed because a party has had a change o status,has ceased to exercise certain unctions or has died.

However, the court can extend the strict time limit or trial readiness so thatinterested persons can continue the proceeding or be given a ormal notice todo so. In such a case, the proceeding is stayed or the time specied by thecourt.

193. A lawyer who learns o the change o status, death or cessation o unctions o the party he or she is representing is required to notiy thisinormation to the other parties.

Pleadings led beore the notication are valid. Those led ater thenotication are without eect, except conservatory ones intended to preservethe rights o the persons likely to continue the proceeding.

194. A proceeding can be continued by a person who, as a result o a party’schange o status or capacity or loss o capacity, has acquired the capacity andthe interest required to do so.

A proceeding can also be continued by the person succeeding to a party’sunctions, by the liquidator o the succession or the heirs o a deceased party



or by a successor who has acquired the right that is the subject matter o thedispute.

195. Heirs who are parties to a proceeding are required to notiy theliquidator’s name, address and other contact inormation to the other partiesas soon as the liquidator takes charge o the succession.

Pleadings fled beore the notifcation are valid, unless the court decidesotherwise on the liquidator’s request. Those fled ater the notifcation arewithout eect and the proceeding is stayed until continued by the liquidator.

196. A continuance o proceeding is obtained by fling a notice with thecourt and notiying it to all the parties. The right to continue the proceedingcan be contested within 10 days ater the notifcation. I it is not contestedwithin that time, the continuance o proceeding is deemed to be admitted.

I the interested persons do not continue the proceeding, a party can givethem ormal notice to do so. I they ail to comply with the ormal notice within

10 days, any plainti in the case can ask that the case be set down or judgmentas in deault cases, and any deendant in the case, that the demand bedismissed.

CHAPTER IV

RECUSATION

197. A judge who knows o a valid ground or his or her recusation mustdisclose it to the chie judge or chie justice without delay. The chie judge orchie justice then appoints another judge to continue or try the case and inormsthe parties.

A party that knows o a ground or the judge’s recusation must disclose itwithout delay in a written declaration notifed to the judge and the other parties.I the judge does not recuse himsel or hersel within 10 days ater thenotifcation, the party can bring a demand or recusation. A party can waivethe right to recuse, unless the judge or the judge’s spouse has an interest in thecase.

Declarations and any other document relating to the recusation are fled inthe record.

198. The ollowing situations, among others, can be considered violations

o the requirement o impartiality and grounds or recusation:

(1) the judge being the spouse o one o the parties or o the lawyer o oneo the parties, or the judge or the judge’s spouse being related by blood orconnected by marriage or civil union to one o the parties or to the lawyer o one o the parties, up to the ourth degree inclusively;



(2) the judge being a party to another proceeding pertaining to an issuesimilar to the one beore him or her or determination;

(3) the judge having given advice or an opinion on the dispute or havingpreviously dealt with the dispute as arbitrator or mediator;

(4) the judge having represented one o the parties;

(5) the judge being a member o an association or a partnership, endowedwith legal personality or not, that is a party to the proceeding;

(6) a serious conict existing between the judge and one o the parties, orone o the parties having threatened or reviled the judge during the proceedingor in the six months preceding the possible recusation.

I the judge or the judge’s spouse has an interest in the case, the judge isdisqualifed.

199.

A demand or recusation is notifed to the judge and the other partieson the expiry o 10 days ater notifcation o the declaration seeking the judge’srecusation.

I no declaration was made, a party can seek recusation at any stage o theproceeding, provided the party shows that it has been diligent. Recusation canbe demanded orally during the trial, in which case the grounds raised arerecorded in the minutes.

I recusation is sought against the sole judge assigned to sit in the districtwhere the proceeding is brought, the court clerk immediately inorms the chie

judge or chie justice.

200. The demand or recusation is decided by the presiding judge. Thedecision can be appealed by leave o a judge o the Court o Appeal.

I the judge grants the demand, he or she must withdraw rom the case andabstain rom sitting. I the judge dismisses the demand, he or she continues topreside over the case.

The court clerk advises the chie judge or chie justice o any case in whichthe trial is postponed because the judge has decided to recuse himsel orhersel.



CHAPTER V

INCIDENTAL PROCEEDINGS RELATING TO PLEADINGS

DIVISION I

WITHDRAWAL OR AMENDMENT OF PLEADING

201. Beore a case is taken under advisement, the parties can withdraw oramend a pleading without it being necessary to obtain an authorization, provideddoing so does not delay the proceeding and is not contrary to the interests o

justice. However, the amendment o a pleading must not result in an entirelynew demand having no connection with the original one.

An amendment to a pleading can be made, or instance, to replace, corrector complete statements or conclusions, allege new acts or assert a right accruedsince the notifcation o the judicial demand.

202. A party that intends to withdraw or amend a pleading must notiy anotice o the withdrawal or the amended pleading to the other party, who has10 days to notiy its opposition. I the other party opposes the withdrawal oramendment, the matter is decided by the court.

I other parties must respond ollowing the withdrawal or amendment o apleading, the time limit or responding is set by the parties or, ailing that, bythe court, i it is not already specifed in the case protocol. The judicial demandmust be notifed without delay to any new deendant brought into the case asa result o the amendment o a pleading.

203. During the trial and in the presence o the other parties, the court canauthorize a party to withdraw or amend a pleading without ormality. The

decision is recorded in the minutes o the hearing and any amended pleadingis fled in the record as soon as possible, without notifcation beingnecessary.

At any time beore judgment, the court, on its own initiative, can order theimmediate correction o any clerical error or error o orm, expression orcalculation in a pleading, subject to the conditions it sees ft.

DIVISION II

DETERMINATION OF ISSUE OF LAW

204. The parties to a proceeding can jointly submit to the court a disputebetween them on an issue o law relating to the demand. I the court considersit expedient to determine the issue or the orderly progress o the proceeding,it can do so in the course o the proceeding; otherwise, it determines the questionin the judgment on the merits o the case.



DIVISION III

CONSOLIDATION AND SEPARATION OF PROCEEDINGS

205. Even when the demands do not arise rom the same source or romrelated sources, the court can order that two or more proceedings between thesame parties brought beore the same jurisdiction be consolidated, provided it

does not result in undue delay or any o the parties or serious prejudice to athird person.

As well, the court can order that two or more proceedings pending beoreit, whether or not they involve the same parties, be consolidated in order to betried at the same time and determined on the same evidence, that the evidencein one o the proceedings be used in another or that one o the proceedings betried and determined beore the others.

When demands have been consolidated in the same proceeding, the courtcan order that they be separated, i it considers it advisable in order to protectthe parties’ rights.

DIVISION IV

SPLITTING OF PROCEEDING

206. The court can split a proceeding i it thinks it advisable in order toprotect the parties’ rights. The resulting trials are held beore the same judge,unless the chie judge or chie justice decides otherwise.

DIVISION V

STAY OF PROCEEDING

207. I the Court o Québec is seized o a demand having the same juridicalbasis or raising the same issues o law and act as a demand pending beorethe Superior Court, it can stay the proceeding on a party’s request, providedthis does not result in serious prejudice to the other parties.

A stay order is eective until the judgment rendered by the Superior Courthas become fnal. The stay order can be revoked i new circumstances sowarrant.



CHAPTER VI

INCIDENTAL PROCEEDINGS THAT TERMINATE PROCEEDING

DIVISION I

DISCONTINUANCE

208. Discontinuance by a plainti terminates the proceeding on thenotifcation o a notice o discontinuance to the other parties and its fling withthe court. It restores matters to their ormer state. It is eective immediatelyi it takes place beore the court and in the presence o the parties.

209. I one o the plaintis in a joint demand discontinues it, that plainti or another plainti can continue the proceeding alone. In such a case, the

judicial demand is amended accordingly and notifed to the other parties, andthe proceeding is continued in accordance with the rules applicable to anydemand.

DIVISION II

TENDER AND DEPOSIT

210. A party to a proceeding can make or renew a tender and confrm it ina judicial declaration, which is recorded.

I a sum o money or a security is tendered, it is deposited with a trustcompany, and the receipt or the deposit is fled in the record.

Unless the tender is conditional, the party to whom the tender is made canreceive the sum o money or security deposited, without prejudicing its claim

to the balance.

211. For a deposit with a trust company to be valid, the trust company mustbe licensed under the Act respecting trust companies and savings companies(R.S.Q., chapter S-29.01). The trust company must undertake to place the sumon deposit as a deposit o money within the meaning o the Deposit InsuranceAct (R.S.Q., chapter A-26) other than as a term deposit which would not berepayable at all times beore maturity. The trust company must also, i applicable, undertake to remit the sum o money or security to the party towhom the tender is made on proo o perormance o the obligation.

The document setting out the undertakings o the trust company is fled with

the court.



DIVISION III

ACQUIESCENCE IN DEMAND

212. A deendant or a deendant’s specially authorized mandatary canacquiesce in all or part o the demand at any stage o a proceeding.

A notice o acquiescence is led with the court and notied to the plainti.I applicable, the mandatary’s special authorization must be attached.

213. I acquiescence in the demand is unqualied, the court clerk renders judgment immediately.

I acquiescence in the demand is qualied, the plainti must notiy acceptanceor reusal to the deendant within 15 days ater notication o the notice o acquiescence. I the plainti accepts, the court clerk renders judgmentaccordingly. I the plainti reuses, the proceeding continues, but the plainti can nevertheless obtain judgment or the amount specied in the notice o acquiescence, in which case the proceeding continues only or the balance.

A plainti who noties neither acceptance nor reusal is presumed to haveaccepted the acquiescence with its qualications. However, the court can relievethe plainti rom the consequences o the deault so long as judgment has notbeen rendered on the acquiescence.

214. I there are two or more deendants and only one or some o them lea notice o acquiescence, the court can render judgment against the acquiescingdeendants, on notication o a notice to all the parties. Alternatively, the courtcan choose to continue the proceeding and enter a uniorm judgment againstall the deendants, either because o the subject matter o the demand or toavoid conficting judgments.

DIVISION IV

SETTLEMENT

215. The parties can terminate the proceeding by making a transaction,whether they reach their agreement in or outside the presence o the court. Inthe latter case, they must le a notice o settlement with the court withoutdelay.



TITLE III

GATHERING AND DISCLOSURE OF EVIDENCE BEFORE TRIAL

CHAPTER I

PRE-TRIAL EXAMINATION

DIVISION I

GENERAL PROVISION

216. A pre-trial examination, whether written or oral, can bear on any actthat is relevant to the dispute and on the evidence supporting such acts. It canalso be conducted or documentary disclosure purposes. Pre-trial examinationscan be conducted only i they are provided or in the case protocol and incompliance with the terms, number and length specifed.

Other than the parties, the ollowing can be examined:

(1) a representative, an agent or an employee o a party;

(2) in a civil liability case, the victim and any person involved in the actthat caused the injury;

(3) a person or whom a party acts as administrator o the property o another; or

(4) a person or whom a party acts as prête-nom or whose rights a party hasacquired by transer, subrogation or other similar title.

Any other person can be examined with his or her consent and that o the

other party or with the authorization o a judge, subject to the conditions the judge determines. No minor person or incapable person o ull age can beexamined without the authorization o a judge.

DIVISION II

EXAMINATION IN WRITING

217. A party can notiy to the other party and, i another person is to beexamined, to that other person, an examination in writing on acts relevant tothe dispute, and require the party or person to answer within a specifed time,which cannot exceed one month.

The questions must be clear and specifc, so that the absence o an answercan be taken as an admission, by the party or the person examined, o the actsto which the questions pertain.

The examination and the answers are fled in the court record by either o the parties.



218. The answers must be given in writing and signed by the party or theperson examined. They must be direct, categorical and specifc, ailing whichthey can be rejected and the acts to which the questions pertain, held to beproved.

I the party is a legal person, a general or limited partnership, or an associationwithin the meaning o the Civil Code, the answers must be given by a speciallyauthorized director or ofcer, unless they are determined by a special resolutiono the legal person, partnership or association.

219. I the party or the person examined ails to answer the questions asked,the acts to which the questions pertain are held to be proved as ar as that partyor person is concerned.

Nevertheless, the court can, or valid cause, relieve the party rom the deaultand allow the party to answer, subject to the conditions it sees ft. The courtcan also ask any other questions considered necessary and relevant, which theparty must answer, otherwise the acts to which the questions pertain are also

held to be proved.

DIVISION III

ORAL EXAMINATION

220. A party intending to conduct an oral pre-trial examination must inormthe person concerned at least three days in advance and provide details on theagreement reached with the other parties’ lawyers as to the nature, subject,time and place o the examination. In the absence o such an agreement, theperson the party wishes to examine is summoned to appear beore the courtclerk on the date specifed in a subpoena notifed at least fve days beore that

date.

In a civil liability case, i the injurious act on which the demand is oundedis also a criminal act, the necessary measures must be taken to ensure that thevictim is not, without his or her consent, conronted with the alleged orconfrmed perpetrator.

221. The deposition given by the person examined is subject to the samerules as oral evidence given at trial; it is sound-recorded, unless waived by theparties.

The deposition orms part o the fles o the parties and each o them has the

option o producing it in evidence in its entirety, producing only excerpts ornot producing it at all. I the examination is conducted beore the court clerk,it is part o and must be fled in its entirety in the court record.

222. The parties can, beore a pre-trial examination, submit the objectionsthey anticipate to a judge or determination or or directions as to the conducto the examination.



Objections raised during the examination do not prevent it rom continuing,the witness being bound to answer. They are however recorded or determinationby the court at trial. On the other hand, objections relating to the non-compellability o a witness or to undamental rights are submitted to a judgeas soon as possible or determination.

223. No pre-trial examination is permitted in cases where the amountclaimed or the value o the property claimed is less than $30,000.

No pre-trial examination can last more than fve hours, or in amily mattersor cases where the value in dispute is less than $100,000, two hours. The courtcan only authorize a longer duration.

224. The court can, on request, terminate an examination that it considersexcessive or unnecessary and, on doing so, rule on the costs.

CHAPTER II

EXPERT EVIDENCE

DIVISION I

WHEN EXPERT EVIDENCE CAN BE USED

225. The purpose o expert evidence, provided by a qualifed expert in thearea or matter concerned, is to enlighten the court and assist it in assessingevidence.

An expert can be called on to investigate, veriy and determine acts relatingto a dispute, to assess real evidence, to determine or audit accounts or otherdata, to provide an opinion on the liquidation or partition o property or toveriy the state or location o certain premises or things.

An expert can also be called on to give an opinion on a person’s personalintegrity, condition or capacity or adaptation to a given set o circumstances.

226. The parties can agree on the need or expert evidence and record it inthe case protocol or, with the authorization o the court, can come to such anagreement at any time beore the case is ready or trial.

The parties cannot submit more than one expert opinion, whether joint ornot, per area or matter, unless the court authorizes otherwise given the

complexity or importance o the case or the state o knowledge in the area ormatter concerned.

The parties must disclose the instructions given the expert to the court.

227. In the case o joint expert evidence, the parties determine togetherwhat parameters must be covered, what expert is to be appointed, what amount



is to be pai as the expert’s ee an how the ee is to be pai. I the parties ailto agree on an o those sbjects, the matter is ecie b the cort.

A joint expert can reqire that his or her ee an costs be eposite at thecort ofce beore sbmission o the report. I sch a eposit has not beenreqire, the joint expert has a right o action against all the parties to theproceeing, who are soliaril liable or the amont e.

228. At an stage o a proceeing, i it consiers that expert evience isnecessar in orer to resolve the ispte, the cort, even on its own initiative,can appoint one or more qalife experts to provie evience. The cort orerefnes the expert’s manate, sets the time limit within which the expert mstsbmit a report an rles on the expert’s ee an its pament. It is notife tothe expert withot ela.

DIVISION II

EXPERT’S MISSION ANd duTy

229. The mission o an expert, whether appointe b the cort, b the parties jointl or b a single part, is to enlighten the cort b giving an expert opinionon the points sbmitte an explaining the analtical metho se or, in thecase o a baili, b preparing a certife report. This mission overries theparties’ interests.

230. An expert mst lfll his or her mission objectivel, impartiall anthoroghl. The expert mst, on reqest, provie the cort an the parties withetails on his or her proessional qalifcations, the progress o the work anthe instrctions receive rom a part. The expert is also reqire to complwith the time limit given. The expert can, i necessar, reqest irectives rom

the cort.

Experts act ner their proessional oath. I an expert has not sworn aproessional oath, the parties or the cort can reqire that he or she be swornin. In aition, experts mst sign the eclaration prepare b the Ministerregaring the lfllment o an expert’s mission an attach it to their report.

An expert who oes not have the reqire qalifcations or who is serioslremiss in lflling his or her mission can, at a case management conerence,be replace or repiate on the cort’s initiative or a part’s reqest.

231. A joint or cort-appointe expert is veste with the cort’s athorit

to gather the evience reqire to carr ot his or her manate. The expert canexamine an ocment or thing an visit an premises.

With the athorization o the cort, the expert can gather testimon an, i necessar, smmon witnesses. The expert swears in smmone witnesses, hearstheir epositions, preserves their evience an certifes its sorce anintegrit.



The expert is required to give the parties at least ve days’ notice o whenand where the operations are to begin.

DIVISION III

EXPERT’S REPORT

232. An expert’s report must provide sucient details and reasons to enablethe court to appreciate the acts and conclusions it contains. It must includethe instructions received rom the parties. Any documents and testimonygathered by the expert must be attached to the report. The report and the attachedmaterials orm part o the evidence.

The expert’s conclusions are not binding on the court or on the parties, unlessthe parties declare that they accept them.

233. A joint or court-appointed expert submits an operations report, withconclusions, to the parties and les a copy with the court beore the expiry o

the time limit given. An expert appointed by one party submits the report tothe party, who discloses it to the other parties and les it in the court recordwithin the prescribed time limit or disclosure o evidence.

234. Ater the report has been led but beore the trial begins, the expertmust, on the court’s or the parties’ request, provide clarications on technicalaspects o the report and meet the parties to discuss his or her opinions aheado the trial.

I conficting expert’s reports are led, the parties call the experts to a meetingso that they can reconcile their opinions, identiy the points on which theydier and prepare an additional report on those points. I the parties ail to call

such a meeting, the court can, at any stage o the proceeding, even on its owninitiative, order the experts to meet and le an additional report within aspecied time.

235. Beore the trial begins, a party can demand that an expert’s report bedismissed on the ground o irregularity, substantial error or bias, in which casethe demand must be notied to the other parties within 10 days ater the reportis submitted.

I the court considers the demand well-ounded, it orders that the report becorrected or that it be withdrawn. In the latter case, it can allow another expertto be appointed. The court can also reduce the amount o the ee payable to

the expert or order that the expert repay any amount already received, to theextent specied.



DIVISION IV

SPECIAL RULES APPLICABLE TO PHYSICAL, MENTAL ORPSYCHOSOCIAL EXAMINATION

236. A party or the person who suered the injury having given rise to thedispute cannot be required to undergo a physical or mental examination unless

his or her physical or mental condition must be considered in order to rule onthe matter. Even in such a case, the examination must be warranted given thenature, complexity and purpose o the judicial demand.

A psychosocial examination can be required only in matters relating to aperson’s personal integrity, condition or capacity and only i it is necessary inorder to rule on the matter. A psychosocial examination can be required inamily matters i the person concerned consents or i so ordered by the courtwhen the parents dier on the necessity o them or their child being subjectedto such an examination.

237. A party that requests a physical, mental or psychosocial examination

must give the person concerned and the other parties’ lawyers at least 10 days’notice o the place, date and time o the examination. The party must give theperson the name o the expert responsible or conducting the examination andpay to the person in advance the indemnities and allowances payable to awitness, unless the person is otherwise compensated.

The person, at his or her own expense, can be accompanied during theexamination by the expert o his or her choice.

238. The court can, on request, stop a physical, mental or psychosocialexamination rom taking place or change the conditions o the examination,despite the parties’ agreement, i it considers it necessary in order to protect

the person’s right to personal integrity and respect.

I it is satisfed that another examination is necessary, the court can orderthe person to undergo another examination by a court-appointed expert. Theplace, date and time and the conditions o the examination are specifed in theorder. The examination is conducted at the expense o the party that requestedit.

239. I necessary in order to determine the physical or mental condition o a party or o the person who is the subject o the demand or who suered theinjury having given rise to the dispute, the court can order the health and socialservices institution holding the record o the person who is to undergo anexamination or whose death has given rise to a demand based on civil liabilityto disclose the record to a party and allow the party to make a copy o theinormation that is relevant as evidence.



CHAPTER III

DISCLOSURE AND FILING OF EXHIBITS AND OTHER EVIDENCE

DIVISION I

GENERAL PROVISION

240. Unless otherwise determined by the court, the procedure and the timelimit or the disclosure o exhibits and other evidence between the parties mustbe set out in the case protocol in compliance with the rules o this chapter.

I the case protocol sets out no such procedure or time limit, a party, onbeing inormed that another party intends to use an exhibit or other evidence,can, without ormality, request a copy o, or some other orm o access to, theexhibit or other evidence. I the request is not complied with within 10 days,the court issues such orders as are appropriate.

DIVISION II

TIME LIMITS FOR DISCLOSURE AND FILING

241. The exhibits in support o a judicial demand must be listed in thesummons to the deendant; those in support o a pleading must be listed in thepleading or in a notice attached to it.

No notice is required i copies o the exhibits are delivered to the other partieswhen the demand or the pleading is notifed to them.

242. A party in possession o evidence it intends to use at trial must discloseit to the other parties on or beore the fling o the declaration accompanying

the request or setting down or trial. The party is dispensed rom doing so i the evidence is an exhibit in support o a pleading or i the case protocol providesotherwise. In the case o an oral deence, the evidence must be disclosed within30 days ater the order to set down or trial is issued or the date o the trial isset, unless the court determines another time limit.

A party that ails to disclose evidence cannot use it at trial except with theauthorization o the court.

243. A party that is unable, because o the circumstances or the nature o an exhibit or other evidence, to deliver a copy to a party that requested one isrequired to provide some other orm o access to the exhibit or other

evidence.

I the parties cannot agree, they can ask the judge to determine the procedureand the time limit or such disclosure.

244. Unless they have already been fled with the court or the purposes o the pre-trial conerence, the parties must fle exhibits and other evidence at



least 15 days beore the scheduled trial date, or at least three days beore thatdate i the trial is to be held within 15 days. However, in all instances, the courtcan request that exhibits and other evidence be fled within the time itspecifes.

When a case is processed ollowing the deendant’s deault, exhibits andother evidence are fled with the court with the request or setting down or

judgment.

245. Evidence by sworn statement must be disclosed to the other partiesas soon as possible so that they have at least 10 days to require that the witnessbe summoned or cross-examination.

DIVISION III

DOCUMENT OR REAL EVIDENCE IN POSSESSION OF PARTY ORTHIRD PERSON

246. Any document relating to the dispute that is in the possession o athird person must be disclosed to the parties or produced or their inspection;any real evidence that is in the possession o a party or a third person must, i necessary, be submitted to an expert, subject to the conditions agreed with theparties. The party or third person is required to keep the real evidence or, i applicable, an adequate representation that shows its current condition, untilthe end o the trial.

I the party or third person reuses or in case o disagreement, the courtissues such orders as are appropriate.

DIVISION IVDEMAND IN COURSE OF PROCEEDING

247. Any exhibit or other evidence that a party intends to use or thepurposes o a demand in the course o the proceeding must be disclosed to theother parties as soon as possible or, in the case o real evidence, made availableto the other party as soon as possible beore the hearing. Otherwise, the exhibitor other evidence cannot be produced except with the authorization o thecourt.



CHAPTER IV

GATHERING OF EVIDENCE BEFORE TRIAL

DIVISION I

DEMANDS BEFORE INSTITUTION OF PROCEEDING

248. A person who expects to become a party to a dispute and has reasonto apprehend that some necessary evidence may be lost or become more difcultto produce can examine witnesses whom the person ears may be absent, maydie or may become incapacitated, or have a thing or property whose conditionmay aect the outcome o the dispute inspected. The person must obtain theconsent o the potential adverse party or the authorization o the court.

A person who carries out work on an immovable that may damage aneighbouring immovable can demand an inspection o the neighbouringimmovable without being required to show that a dispute is likely.

249.

The demand to the court must, in addition to stating the grounds or

the applicant’s apprehension, include the names and contact inormation o thepotential adverse party and o the witnesses to be heard, the acts that suggestthat a dispute is likely and a description o the nature o the potential dispute,the acts on which the potential adverse party and witnesses are to be questioned,or the description and location o the thing to be inspected, the purpose o theinspection, and the name and contact inormation o the person who is to makethe inspection.

The demand is presented beore the court beore which the potential disputecould be brought, as i it were a demand in the course o a proceeding.

The demand must be notifed, at least fve days beore its scheduledpresentation date, to the potential adverse party and, i applicable, to the thirdperson holding the thing or property to be inspected.

250. I the demand is granted, the parties agree on where and when thewitnesses will be heard or the thing inspected. In the latter case, how the thingis to be inspected is determined by the parties i not already determined by the

judgment.

The decision rendered cannot be appealed.

The costs incurred or the gathering o evidence are borne by the party that

requires it. However, i the evidence is eventually used in a proceeding, thecost o the depositions and authorized expert’s reports orms part o the legalcosts.

251. The depositions and reports are kept by each o the parties or use byany o them in the proceeding in anticipation o which the evidence wasgathered. I a proceeding is commenced, the evidence so gathered does not



prevent the summoning o witnesses or experts to be examined anew, nor doesit adversely aect any ground that a party may later wish to raise against theadmissibility o the evidence so gathered.

DIVISION II

PRE-TRIAL DEMANDS

252. Beore the trial begins, a party to the proceeding, with the authorizationo the court, can examine witnesses whom the party ears may be absent, maydie or may become incapacitated, or require the inspection, by a person o theparty’s choice, o a thing or property which may be lost and whose conditionmay aect the outcome o the dispute.

I the demand is granted, the parties agree on where and when the witnesseswill be heard or the thing inspected. In the latter case, how the thing is to beinspected is determined by the parties unless already determined by the

judgment. The costs incurred or the gathering o evidence orm part o the

legal costs i the evidence is fled in the court record.

The depositions and reports do not prevent the summoning o the witnessesor experts to be examined anew, nor do they adversely aect any ground thata party may later wish to raise against the admissibility o the evidence sogathered.

CHAPTER V

CONTESTATION OF EVIDENCE

DIVISION I

CONTESTATION OF AUTHENTIC ACT

253. In the course o a proceeding, a party can demand that an authenticact intended to be used at trial by that party or another party or already fledin the record be declared a orgery.

The demand can be made at any time beore judgment, but ater evidenceis closed, it can be granted only i it is shown that the party had no earlierknowledge o the orgery.

254. Beore demanding that an act be declared a orgery, a party must notiy

a notice to the other parties, asking them to declare whether or not they intendto use the contested act.

I the other parties do not respond within 10 days or i they declare that theydo not intend to use the act, it cannot be produced at trial or it is removed romthe record. I one or more parties declare that they intend to use the act, thedemand or a declaration o orgery must be presented beore the court or aruling.



The grounds in support o the allegation that the act is a orgery must be setout in a pleading notifed to all the parties and to the public ofcer who is inpossession o the original o the act. The pleading must be accompanied by acertifcate o the court clerk attesting that an amount sufcient to cover thecosts o the other parties i the allegation is dismissed has been deposited withthe court.

255. I the original o a contested act has not already been fled in the record,the court can, on request, order the person who has custody o the original tofle it with the court within a specifed time. I the custodian cannot surrenderthe original, the court can instead order that an authentic copy o the originalbe fled; the court can nevertheless order the fling o the original i it judgesit essential.

The judgment ruling on the allegation that an act is a orgery also determines,i necessary, to whom the original is to be handed over.

DIVISION II

CONTESTATION OF CERTIFICATE OR RETURN

256. A party can demand that a certifcate or return issued by a baili orother court ofcer, or any person authorized to make a return o notifcation,be declared alse or inaccurate.

However, the court can authorize the correction o errors in the certifcateor return. The parties can, at any time beore a decision is made, give the courtofcer their consent to a correction.

DIVISION IIICONTESTATION OF OTHER DOCUMENT

257. I the ormalities required to establish the validity o an exhibit orother document were not observed, a party can, in the course o a proceeding,demand that it be removed rom the record. Such a demand can also be madeby a party that disowns, or does not recognize the origin or contests the veracityor integrity o, a document.

A party that intends to contest the origin, veracity or integrity o a documentmust speciy, in a detailed declaration, the acts and grounds that support theparty’s claim and make it probable.

258. I the contested document is a semi-authentic act and only a copy hasbeen fled in the record, the party that intends to use the document must proveits semi-authentic character. The court can direct the person who has custodyo the original to deliver it to the court ofce, which must in return provide acertifed copy, at the contesting party’s expense. I the custodian cannotsurrender the original, the court can order that a certifed copy be fled withthe court within a specifed time.



CHAPTER VI

ADMISSION OF AUTHENTICITY OF EVIDENCE

259. Ater the issues are joined but beore the trial begins, a party can serveanother party ormal notice to admit the origin, veracity or integrity o adocument or other evidence.

I the document or other evidence has not already been disclosed, an adequaterepresentation o it or, in the absence o such a representation, particulars onhow to access it must be attached to the ormal notice.

The party served with the ormal notice must admit or deny the origin,veracity or integrity o the evidence in a notice notifed to the other party within10 days.

Failure to respond to the ormal notice is deemed to be an admission o theorigin and integrity o the evidence, but not its veracity.

TITLE IV

TRIAL

CHAPTER I

CONDUCT OF TRIAL

260. A trial comprises the evidence phase, ollowed by the argument phase,in which parties make their addresses to the court.

During evidence, the party on whom the burden o proo lies examines itswitnesses frst; the other party then adduces its evidence, ater which the frstparty can adduce evidence in rebuttal. The court can allow the examination o other witnesses.

Ater evidence is closed, the party on whom the burden o proo lies presentsits arguments frst, ollowed by the other party. The frst party can reply and,i the reply raises any new point o law, the other party can answer. No otheraddress to the court can be made without leave o the court.

I the circumstances so require, the court can adjourn a trial subject to theconditions it determines. In such a case, it immediately sets another date or

asks the court clerk to set the case down again or trial so that a new date maybe set.

261. I, on the day o the trial, a party does not produce witnesses or ailsto justiy the absence o its witnesses, its evidence is declared closed.

However, i the party proves that it has been diligent and shows that thetestimony o a witness is necessary and that the witness’s absence is not due



It must also invite the witness to contact the lawyer o the party or whomhe or she is to testiy, in order to obtain the necessary inormation about thecase and check beorehand whether attendance at court is still required. Thelawyer’s contact inormation must be included or that purpose.

The subpoena must contain inormation concerning the role, the rights andthe duties o witnesses, and the indemnities and allowances to which witnessesare entitled. It must also explain the consequences o non-attendance. Thisinormation can instead be given in a leaet attached to the subpoena.

267. Any person present at a hearing can be required to give evidence asi under subpoena. A person cannot reuse to give evidence under pretext o not having received an advance or expenses.

DIVISION II

COMPENSATION OF WITNESSES

268. A party that summons a witness other than another party must sendwith the subpoena an advance on the loss o time indemnity and the travel,meal and overnight accommodation allowances prescribed by governmentregulation. The advance must cover the frst day o attendance at court. Thesummoning party is dispensed rom this obligation or expenses which it paysdirectly or or which the witness is otherwise compensated.

269. A witness who has been summoned and has received the prescribedadvance is required to attend at court under pain o being compelled.

I the witness ails to attend and the court considers that his or her testimonywould be useul, it can order the person to pay all or part o the costs caused

by the non-attendance and issue an arrest warrant, which is executed by abaili.

The witness can be held in custody under the warrant until he or she testifesor is released on bail. Examination o the witness must begin without delay.

270. A witness entitled to an indemnity and allowances can pursue paymento the amount owed him or her against the summoning party. A certifcate o the court clerk attesting to the witness’s attendance and to the amount due isequivalent to an immediately enorceable judgment.

DIVISION III

HEARING OF WITNESSES

271. All persons are presumed ft to testiy and can be compelled to do so.However, persons who, because o their young age or physical or mentalcondition, are unable to relate the acts they have witnessed are not ft totestiy.



272. Beore testiying, witnesses must state their name and place o residence and swear under oath to tell the truth.

A reusal to take the oath constitutes a reusal to testiy; i it persists, itconstitutes contempt o court.

273.

Witnesses are entitled to the protection o the court i the disclosureo their address gives cause to ear or their saety. They are also entitled tothe protection o the court against any orm o intimidation while they aretestiying and against abusive examination.

274. In any contested proceeding, the witnesses are examined in open court,the other parties being present or having been duly called.

A party can request that the witnesses testiy outside one another’s presence.However, barring exceptional circumstances, no such request can be made inthe case o expert witnesses.

A witness who has been examined beore the trial can be examined againduring the trial on a party’s request.

I it is necessary to examine a witness at a distance, the technology usedmust allow the witness to be identifed and to be heard and, to the extentpossible, seen, live.

275. Witnesses are examined by the summoning party or that party’slawyer.

Questions must pertain only to the acts relevant to the dispute. They cannotbe put in such a way as to suggest the desired answer, unless the witness is

clearly trying to elude a question or to avour another party or, being a partyto the proceedings, is adverse in interest to the examining party.

When a party has fnished examining a witness it has summoned, any otherparty adverse in interest can cross-examine the witness on any act relevant tothe dispute and can in any manner show grounds or rebutting the witness’stestimony.

A witness can be called again by the summoning party, either to be examinedon new acts revealed on cross-examination or to explain answers to thequestions asked by another party.

Subject to the rules o evidence, the court can ask the witness any questionit considers useul.

276. The party that summoned a witness can attack the credibility o hisor her testimony by producing other witnesses to disprove the testimony. Withleave o the court, the party can also do so by proving that the witness madeprevious statements that are inconsistent with his or her present testimony,provided the witness is frst questioned on the subject.



The act that a witness is a blood relative o or is connected by marriage orcivil union or by community o interest to the summoning party does not providegrounds or impeachment, but can aect the credibility o the testimony.

277. Witnesses cannot be compelled to disclose any communication thatmay have been made to them by their spouse during their lie together.

278. Public servants summoned as witnesses cannot, given their duty o discretion, be compelled to disclose inormation obtained in the exercise o their unctions i disclosing that inormation would be contrary to the publicinterest.

The public interest reasons must be set out in a statement by the minister ordeputy minister to whom the public servant answers and be submitted to theappraisal o the court.

279. Except to the extent provided or in section 9 o the Charter o humanrights and reedoms, witnesses cannot be compelled i their testimony would

violate proessional secrecy. The court must ensure on its own initiative thatproessional secrecy is respected.

280. Witnesses cannot reuse to answer a question on the grounds that theanswer may tend to incriminate them or expose them to a legal proceeding o any kind; their answers cannot be used against them, except in a prosecutionor perjury or or the giving o contradictory evidence.

281. A witness who is in possession o a document or other evidence thatis relevant to the dispute is required to produce it on demand.

A copy o the evidence made by the court clerk, and certifed by him or her

as being true to the original, has the same probative orce as the original.

282. The court can order a party to produce, at the appropriate time, in thecourtroom or in any other convenient place, any real evidence in its possessionthat a witness is called on to identiy. I the party does not obey the order, theevidence is deemed to be identifed, unless the court relieves the party romdeault beore the judgment is rendered.

283. A witness who reuses to answer a question without valid cause isguilty o contempt o court, as is a witness who is in possession o relevantevidence and reuses to produce it or to make it available to the court.

284. A witness cannot withdraw without leave o the court. I the depositioncannot be completed on the frst day the witness attends at court, he or she isrequired to re-attend on the next working day or at any other time specifed bythe court.

A witness who withdraws without leave or ails to re-attend is subject to thesame penalties as a witness who ails to attend.



DIVISION IV

HEARING OF MINOR PERSON OR INCAPABLE PERSON OF FULLAGE

285. When the court is to hear a minor person or an incapable person o ull age, the person can be accompanied by a person to assist or reassure him

or her.

286. The judge can examine a minor person or an incapable person o ullage in the courtroom or in chambers. In the case o an incapable person o ullage, i it is in his or her interest, the court can, ater advising the parties, examinethe person where he or she resides or is confned, or in any other convenientplace. I the circumstances so require, the judge can, ater advising the parties,examine the person outside their presence.

The examination by a judge in chambers or elsewhere outside the courtroomis conducted in the presence o the court clerk and, i applicable, the person’slawyer. The parties’ lawyers attend the examination unless the judge decides

to examine the person outside their presence, in which case the judge’s decisionmust give reasons.

The deposition is sound-recorded and sent to the parties on request.

DIVISION V

WRITTEN EVIDENCE

287. A party can produce as evidence a written statement by a witness,including a baili’s certifed report, provided the statement has been notifedto the other parties beorehand. The statement is deemed to have been madeunder oath.

Any other party can, beore the scheduled trial date, require that the witnessbe present at the evidence hearing.

DIVISION VI

EXPERT EVIDENCE

288. The report o an expert stands in lieu o his or her testimony. Theexpert’s report is admissible only i it was disclosed to the parties and fled in

the record within the time or disclosure and production o evidence. Otherwise,it can be admitted only i it was made available to the parties by another meansin a timely manner so that they could react and determine whether the expert’spresence might be useul. It is also admissible outside such timerames withleave o the court.



289. Each o the parties can examine a joint expert to obtain clarifcationson points covered in the expert’s report. In any other case, a party cannotexamine an expert it has appointed unless so authorized by the court or unlessthe purpose o the examination is to obtain the expert’s opinion on new evidenceintroduced in the course o the proceeding. A party cannot cross-examine anexpert appointed by another party except i it is necessary in order to obtainclarifcations on the expert’s report or on the points on which the expertsdier.

290. The court determines the order and manner in which expert evidenceis to be presented.

DIVISION VII

TESTIMONY OUTSIDE PRESENCE OF COURT

291. With leave o the court or i the parties so agree, an examination canbe held outside the presence o the court at the place and time determined by

the court or jointly by the parties.

The deposition o the witness is heard, all parties being present or havingbeen duly called. The deposition is sound-recorded and fled in the record andhas the same orce and eect as i it had been heard in court.

292. When a party adduces evidence by written statement, another partycan summon the deponent to be examined outside the presence o the courteven beore the trial begins. The examination can pertain not only to evidenceattested to in the statement but also to any other relevant act. The deponent’sailure to attend entails the dismissal o the statement.

293. I an illness or a disability prevents a witness rom attending thehearing, the court, even on its own initiative, can order that the witness beexamined at a distance using a technological means, or appoint a commissionerto take the witness’s evidence. The court can do likewise in order to avoidunnecessary travel by a witness living in a remote location.

I the court chooses to appoint a commissioner, it gives the commissionerthe necessary instructions. It also sets the time within which the examinationis to be conducted and the commissioner’s report is to be fled, and determinesthe amount to be advanced to the commissioner to cover costs. The examinationis recorded or sound-recorded, and certifed by the commissioner. Thecommissioner is authorized to make copies o any documents exhibited by thewitness that he or she is not willing to surrender. The examination togetherwith the exhibits produced by the witness are disclosed to the parties and tothe court. A party that wishes to be represented at the examination must advisethe commissioner in a timely manner and designate a representative, who mustbe given fve days’ notice o the date and place o the examination.



294. Objections raised during the examination o a witness outside the judge’s presence do not prevent it rom continuing, the witness being boundto answer. They are however recorded or determination by the court at trial.On the other hand, objections relating to the non-compellability o a witness,to proessional secrecy or to undamental rights are submitted to a judge assoon as possible or determination.

DIVISION VIII

INTERPRETATION SERVICES

295. To acilitate the examination o a witness, the court can retain theservices o an interpreter.

The interpreter’s remuneration is borne by the Minister o Justice i one o the parties is a benefciary, in the judicial districts o Abitibi and Roberval,under the agreement approved by the Act approving the Agreement concerningJames Bay and Northern Québec (R.S.Q., chapter C-67) or, in the judicial

district o Mingan, under the agreement approved by the Act approving theNortheastern Québec Agreement (R.S.Q., chapter C-67.1).

296. A witness who is unable to hear or to speak by reason o a disabilitycan take the oath and testiy by any means enabling the witness to expresshimsel or hersel. I such means are unavailable, the witness can be assistedby an interpreter, whose remuneration is borne by the Minister o Justice.

DIVISION IX

PRESERVATION OF ORAL EVIDENCE

297. Unless the parties waive the preservation o oral evidence, depositionsby witnesses are sound-recorded so that the oral evidence can be preserved andreproduced.

The Minister o Justice provides the court with the necessary sound-recordingsystems. However, i an examination is conducted elsewhere than at the court,in a place chosen by the parties, it is up to the parties to choose an appropriatemode o sound recording or to call on the services o a stenographer.

Sound recordings o oral evidence can be destroyed on the expiry o threeyears ater the judgment o last resort or ater the occurrence o the actterminating the proceeding, unless their destruction is stayed by the chie judgeor chie justice.

298. A stenographer certifes, under his or her oath o ofce, the correctnesso the stenographic notes or their transcription. At the beginning o eachdeposition, the stenographer mentions the name o the judge presiding at thetrial and the name o the witness. The stenographer records objections and



decisions and preserves the stenographic notes as set out in the applicableregulations.

Stenographic notes are transcribed on a party’s request in cases under appeal.They are also transcribed i the judge so orders, in which case the partiesadvance the cost o transcribing the depositions o their respective witnesses.

BOOK III

NON-CONTENTIOUS MATTERS

TITLE I

GENERAL PROVISIONS

299. Non-contentious demands, in addition to those described as such bylaw, are demands which, because o the nature o an act or the capacity o theplainti, are required by law to be submitted to a review by the courts so thatthe latter can approve or authorize an act, give a person authority to act, approve

or homologate a decision or an act, or veriy a act or a legal situation anddetermine its consequences.

300. Non-contentious demands include demands relating to

(1) tutorship to an absentee or to a minor person, the emancipation o aminor person, or the protective supervision o or a protection mandate or aperson o ull age;

(2) a declaratory judgment o death, the probate o a will, letters o verifcation or the liquidation or the partition o a succession;

(3) the alteration o the register o civil status;

(4) the appointment, designation or replacement o any person when requiredby law to be carried out by the court, on its own initiative or ailing an agreementbetween the interested parties, and demands o a similar nature in connectionwith tutorship to a minor person, the protective supervision o a person o ullage, a succession or the administration o the property o others;

(5) the administration o undivided property, o a trust or o the property o others;

(6) the acquisition o the right o ownership in an immovable byprescription;

(7) the registration, correction, reduction or cancellation o an entry in theland register or the register o personal and movable real rights; and

(8) the issue o a notarial act or the replacement or reconstitution o awriting.



Non-contentious demands also include the other demands or authorization,empowerment or homologation provided or in the Civil Code, including

(1) authorization to consent to care that is not required by the state o healtho a person who is under 14 years o age or incapable o giving consent, orauthorization to consent to the alienation o a body part o a minor person oran incapable person o ull age; and

(2) a declaration o eligibility or adoption, the placement and adoption o a child or the assignment o a name to an adopted child.

Non-contentious demands urther include demands or an exemption romthe obligation to pay support and arrears to the Minister o Revenue or or thesuspension o that obligation, i the demand is made jointly by the parties andthe conditions o section 3 or 3.1 o the Act to acilitate the payment o support(R.S.Q., chapter P-2.2) are satisfed.

301. Non-contentious demands, whether presented to a court or a notary,

are conducted as set out in this Book, subject to the special rules o Book Vrelating to certain civil matters.

However, as soon as a demand is contested, it is reerred to the court to becontinued as set out in Book II. Depending on the readiness o the case and onhow much time has elapsed since the institution o the demand, the court givesthe parties appropriate instructions or the establishment o a case protocol.

302. In dealing with a non-contentious demand relating to the personalintegrity, status or capacity o a person, the court or the notary must act in thebest interest o the person concerned so as to protect his or her rights andautonomy and uphold the public interest.

TITLE II

RULES APPLICABLE BEFORE COURT

CHAPTER I

DEMAND

303. A non-contentious demand is notifed together with a notice inormingthe person concerned and the other interested persons o the place, date andtime o presentation o the demand beore the competent court. The notice

must also include a list o the documents in support o the demand, and inormthe recipients that these documents are available on request, subject to theirbeing confdential.

304. A demand or authorization to sell property belonging to a minorperson, a person o ull age under tutorship or curatorship, an absentee or aperson whose property is administered by another must set out the grounds onwhich it is based, describe the property and propose a method o sale and the



name o a person who could proceed with the sale. An appraisal o the propertyby an expert and, i applicable, the opinion o the tutorship council, must beattached to the demand.

CHAPTER II

PRESENTATION

305. The demand is presented beore the court on the date specied in thenotice with which it was notied, unless the plainti and the person concerned,beore that date, agreed on another date o presentation with the court oce.

The presentation cannot take place less than 10 days or more than two monthsater its notication.

306. The court ascertains that the demand has been served on the personconcerned and notied to the other interested persons and that the necessaryopinions, reports and expert’s reports have been led in the record.

The court can order that the demand be notied to any person that it considersto have an interest and can require the complementary opinions, reports orexpert’s reports it considers necessary. The court can thus order the appraisalo property by an independent expert designated by the court, i it has reasonto believe that the appraisal attached to the demand does not refect the valueo the property. The court can also authorize an interested person to produceevidence in support o the view that person intends to assert.

The plainti, the person concerned or another interested person can adduceevidence by written sworn statement, by the testimony o witnesses or by theproduction o documents. The evidence can pertain to any relevant act, even

one that has arisen since the institution o the demand.

307. The court can authorize interested persons who are present to makeinormal representations that might enlighten the court in making itsdecision.

I such representations could constitute an actual contestation o the meritso the demand, the court, ater veriying that the person who made them intendsto contest the demand, can order reerral o the case to the court having

jurisdiction in contentious matters, subject to the conditions it determines andwithout subjecting the parties to the requirement o establishing a caseprotocol.

308. Persons invited to make representations or to participate in deliberationsare not considered witnesses.

However, the court, i it considers it appropriate, can order the plainti orthe person who is the subject o the demand to pay them compensation



equivalent to that paid to witnesses to cover transportation, meal andaccommodation expenses.

TITLE III

RULES APPLICABLE BEFORE NOTARY

CHAPTER I

JURISDICTION OF NOTARY

309. Non-contentious demands relating to the tutorship o a minor person,to the protective supervision o a person o ull age (including demandsconcerning the appointment or replacement o a tutor, curator or adviser), toa tutorship council or to a protection mandate can be presented beore a notaryin accordance with the rules o this Title. Demands or the probate o a will oror letters o verifcation can also be presented beore a notary, unless the willconcerned has been deposited with the notary or a member o the same frm.

The notary seized o a demand can rule on any ancillary matter.

CHAPTER II

DEMAND

310. The notary seized o a demand must serve it on the person concernedand notiy it to all other persons who may have an interest in the demand giventheir close relationship with that person. The notary must attach a notice clearlystating the date and place o the beginning o operations by the notary, thepurpose o the demand and the nature o the rights o interested persons,

including their right to make representations they consider appropriate or tooppose the demand.

The notary can also, particularly i the purpose o the demand is to institutea tutorship or a minor person or protective supervision or a person o ull ageor to homologate a protection mandate, call the person concerned and theinterested persons to a meeting. Such a meeting cannot take place less than10 days nor more than two months ater service o the demand. The notary isrequired to call such a meeting i the person concerned or an interested personrequests it.

The notary fles a copy o the demand and a copy o the notice with the court,

together with the notice o meeting, i applicable, to ensure that the demand ispublicized and to allow any person wishing to do so to make representationsto the court or to the notary. The clerk inorms the notary without delay o anyrepresentations received.



CHAPTER III

OPERATIONS AND CONCLUSIONS

311. I a meeting is held, the notary inorms the plainti, the personconcerned and the interested persons present o the purpose o the demand andhears any representations they wish to make to enlighten the notary in

determining conclusions. The notary examines with them the testimony,documents and other evidence submitted. The evidence can pertain to anyrelevant act, even one that has arisen since the notary was seized o the demand.I no meeting is held, the notary receives their representations by any othermeans and records them in the minutes o his or her operations.

312. I the demand is or the institution or review o protective supervisionor the homologation o a protection mandate, the notary is required to veriythat the person concerned is incapable, but cannot determine conclusionswithout having in hand the person’s physical, mental and psychosocialassessment and a transcript o his or her examination. The notary reads theassessment and the transcript to all present at the meeting and explains the

content o any other relevant exhibits.

I the demand relates to a protection mandate given in the presence o witnesses, a holograph will or a will made in the presence o witnesses, thenotary notes the existence o the document and verifes its validity.

313. I the notary considers that an incapable person o ull age needs tobe assisted by a lawyer or by a tutor ad hoc, he or she must inorm the interestedpersons. The notary can continue to act i the interested persons are not opposedto such assistance and i an agreement is reached with them on the costsinvolved. I the only disagreement is on such costs, the notary, beore continuingthe matter, can ask the court to determine them.

314. I representations are made that are equivalent to an actual contestationo the merits o the demand, the notary must, ater veriying that the personwho made them intends to contest the demand, withdraw rom the matter andinorm the interested persons.

In such a case, the notary draws up the minutes o the operations carried outand transers the matter to the competent court, which is seized o it on thefling o the minutes. I the demand is or the probate o a will, the notary flesthe original o the will with the minutes.

I it considers it expedient, the court can ask the notary to gather all theevidence necessary or the pursuit o the matter, setting the time limit withinwhich the notary must report back to the court so that it can make its ownassessment o the acts.

315. On completing his or her operations, the notary draws up minutes andconclusions.



The minute mut identiy the plainti, the peron concerned, the interetedperon called to the meeting, thoe who attended the meeting and thoe whomade repreentation otherwie. The minute mut tate the act on which thedemand i baed and provide a detailed account o the operation carried outand the evidence produced. The minute mut alo, i applicable, give an accounto the tetimony taken and o the deliberation o the tutorhip council or o the meeting o relative, peron connected by marriage or civil union, andriend.

I the demand relate to the tutorhip o a minor peron or to the protectiveuperviion o or a protection mandate or an incapable peron o ull age, thenotary notife the minute to the intereted peron who attended the meetingand to the minor peron, i 14 year o age or older, or the peron o ull age.The notary alo notife the minute to the tutor or curator, the mandatary, theplainti and the poue o the peron concerned a well a to the Public Curator.I the demand relate to the verifcation o a will, the notary notife the minuteto the heir and ucceor to whom the demand wa notifed.

316.

The notary promptly fle the minute o the operation and concluionwith the court o competent juridiction, together with the document upportingthe concluion.

A notice i attached to the notifed minute, inorming the peron notifedo the power o the court and o their right to fle their oppoition within10 day ater the fling o the minute with the court. However, in the cae o the probate o a holograph will or a will made in the preence o witnee,the minute are fled olely or publication purpoe.

317. The court i eized o the matter on the fling o the notary’ minute.It can accept the concluion et out in the minute or amend or reject them,

even i no oppoition ha been fled.

The court clerk end the judgment or order without delay to the peronwho received notice o the fling o the minute.

BOOK IV

JUDGMENT, APPLICATION FOR REVOCATION AND APPEAL

TITLE I

JUDGMENT

CHAPTER I

GENERAL PROVIsIONs

318. The judgment dipoing o a dipute or deciding a cae terminate theproceeding. Whether given in open court or rendered ater adviement, it mutbe in writing and give reaon.



The judgment removes the matter rom the judge’s jurisdiction and becomesfnal i it cannot or can no longer be appealed.

319. A judgment that concerns support, custody or personal integrity orcapacity can be reviewed i the plainti or any interested person becomes awareo new acts sufcient to have the judgment varied.

The same applies to a judgment in a non-contentious matter unless thedecision is conclusive in character. A decision conclusive in character,particularly one that concerns a person’s status, the ownership o movable orimmovable property or an interest in such property, has the authority o res

judicata.

CHAPTER II

ADVISEMENT

320. I a judge who has taken a case under advisement fnds that a rule o

law or a principle material to the outcome o the case was not debated duringthe trial, the judge must give the parties an opportunity to make submissionsin the manner he or she considers most appropriate.

As well, the trial can be ordered reopened on the judge’s own initiative. Theorder must give reasons and state how the reopened trial is to be conducted.The court clerk must send the order without delay to the chie justice or chie

judge and to the parties’ lawyers.

321. For the beneft o the parties, the judgment on the merits in frst instancein contentious matters must be rendered within six months ater the case istaken under advisement. The advisement period is a maximum o our months

in small claims matters under Title II o Book VI, and two months in childcustody or child support matters and non-contentious matters. A maximumtwo-month advisement period also applies or a judgment in the course o aproceeding or a judgment to determine whether a judicial demand is o animproper nature. In the case o a deault judgment on account o the deendant’sailure to answer the summons, attend a case management conerence or deendon the merits, a maximum one-month period applies and runs rom the timethe case is ready or judgment.

The death o a party or a party’s lawyer cannot delay judgment in a casetaken under advisement.

I the advisement period has expired, the chie justice or chie judge can, onhis or her own initiative or on a party’s request, remove the matter rom the

judge’s jurisdiction or extend the advisement period.

322. In the frst week o each month, the court clerk sends the chie justiceor chie judge a list o all cases in the judicial district, whatever their nature,



that have been under advisement or fve months or more and, in small claimsmatters under Title II o Book VI, or three months or more.

CHAPTER III

REPLACEMENT OF JUDGE

323. I a judge is withdrawn rom a case, dies, leaves ofce or is unable toact, the chie justice or chie judge can order that the case or cases pendingbeore the judge be continued and completed by another judge, or set downor a new trial, depending on their state o readiness.

On the request o the chie justice or chie judge, a judge who leaves ofcemust, within three months, complete any cases taken under advisement. A judgewho is leaving ofce because o an appointment to another court must, i thechie justice or chie judge o that other court agrees, continue and completeany cases pending beore him or her.

The chie justice’s or chie judge’s decision must take into account thecircumstances and interests o the parties. He or she exercises the responsibilitiesconerred by this article personally, or requests a senior associate or associatechie justice or judge to exercise them.

The decision must determine the legal costs or any proceedings alreadyhad; the chie justice or chie judge can take any other measure he or sheconsiders air and appropriate.

324. A judge who continues a case or hears a case that was set down anewor trial can, with the parties’ consent, decide to rely solely, as regards evidence,on the recording o the original trial or the transcript o stenographic notes. I

that proves insufcient, the judge can recall a witness or require other evidencerom the parties.

I stenographic notes must be transcribed or witnesses recalled, the costsinvolved are assumed by the Government unless the judge orders otherwise.

CHAPTER IV

RULES APPLICABLE TO JUDGMENT

325. A judgment containing a condemnation must be capable o beingexecuted. A judgment awarding damages must liquidate the damages; a solidarycondemnation against persons responsible or an injury must, i the evidencepermits, determine the share o each o those persons in the damages as betweenthem only.

326. A judgment awarding damages or bodily injury that reserves theplainti’s right to claim additional damages must speciy the subject mattero the potential claim and the time within which the claim must be made.



The judgment is enorceable despite an appeal pertaining to the reservedright to claim damages or the time within which it is to be exercised.

327. A judgment granting an authorization to act expires i not acted uponwithin the time specifed or, i no time is specifed by the court or by law, withinsix months.

A judgment authorizing care, the alienation o a body part or confnementin a health or social services institution expires i not acted upon within threemonths or within any other time specifed by the court.

328. A judgment in a non-contentious matter authorizing the sale o theproperty o another must determine the type o sale and the terms o the sale.It must also designate the person who is to conduct the sale and speciy howthat person is to be remunerated.

I the court believes it will be conducive to obtaining a commerciallyreasonable price, it sets a reserve price or the sale.

329. A judgment pertaining to immovable or movable real rights mustcontain a description o the property so as to enable compliance with anypublication requirement concerning rights in the property.

A judgment ordering restitution o ruits and revenues must, i necessary,order their liquidation by an expert; the party liable to the restitution is requiredto hand over all necessary supporting documents to the expert.

330. A party can renounce the rights arising rom a judgment in its avourby fling a waiver with the court. The waiver is made by the party itsel or byits mandatary acting under a special mandate.

I total and accepted by the other parties, the waiver operates to restore theproceeding to its state prior to the judgment.

CHAPTER V

FORMAL JUDGMENT

331. A judgment dated and signed by its author is an authentic act. It isdeposited at the ofce o the court and entered without delay in the registersunder the date appearing on it. It is kept in the court archives.

A judgment given in open court can be evidenced by the transcript o thesound recording o the judgment, signed by the person who rendered the

judgment. The operative part cannot be modifed in the transcription, althoughthe judge can correct the orm. An interlocutory judgment or a judgmentrendered under Title II o Book VI is evidenced by the entering o the decisionand its main whereas clauses as appearing in the minutes o the hearing attestedby the person who rendered the judgment.



I there is a discrepancy between the original judgment and the entries inthe registers, the ormer prevails, and the judge can without ormality orderthat the registers be appropriately rectifed.

332. On the entering o a judgment, other than a deault judgment on accounto the deendant’s ailure to answer the summons, a notice is notifed to theparties and their lawyers. Notifcation o the judgment itsel is required onlyi ordered by the judge who rendered the judgment or i required by law.

The court clerk can issue certifed copies o a judgment on request and ora ee.

333. In non-contentious matters, the judgment is notifed to the person whois the subject o the demand, unless the court dispenses with suchnotifcation.

A judgment concerning tutorship to an absentee or a minor person, protectivesupervision or a protection mandate is notifed without delay to the Public

Curator. A judgment on a demand relating to a person’s status is notifed to theRegistrar o Civil Status.

334. The transcript o a judgment given in open court by a judge who hassince died, become unable to act or let ofce can be signed by the chie justiceor chie judge or by another judge he or she designates.

335. A judgment containing an error in writing or calculation, or any otherclerical error, including an error in the description o property, can be correctedby the person who rendered it. The same applies to a judgment that by obviousinadvertence granted more than was claimed or omitted to rule on part o thedemand.

The correction can be made on the judge’s own initiative as long as executiono the judgment has not begun, or at any time on a party’s request, unless anappeal has been initiated. I the person who rendered the judgment has letofce or is unable to act, the court can make the correction.

I the correction is to the operative part o the judgment, the time limits orappeal and execution begin to run on the date o the correction.

TITLE II

LEGAL COSTS

336. Legal costs consist o disbursements or court costs and other ees,the notifcation o proceedings and documents and witness indemnities andallowances, and, i applicable, o expert’s ees, interpreter ees and ees orregistration in the land register or the register o personal and movable realrights. They also include the cost o the transcription o oral evidence fled inthe court record, i such transcription was necessary.



Expert’s ees include the cost o writing the report and, i applicable,preparing testimony, and remuneration or the time spent testiying and, to theextent relevant, attending the trial.

337. Legal costs are borne by the parties, each paying its own.

When the court authorizes representation o a child or an incapable persono ull age by a lawyer, the representation costs are ruled on by the courtaccording to the circumstances.

The costs pertaining to joint demands are apportioned equally between theparties unless they have agreed otherwise.

338. The court can order a party to pay the legal costs incurred by anotherparty i it is o the opinion that the party did not properly comply with theprinciple o proportionality or has made an improper use o procedure or thatsuch an order is necessary to permit a air apportionment o the costs or preventserious prejudice to a party.

The court can also make such an order i a party breached its undertakingswith regard to the conduct o the proceeding, such as by ailing to meet timelimits, unduly delayed in bringing an incidental demand or fling a notice o discontinuance, needlessly summoned a witness, or reused, without validcause, to accept genuine oers, acquiesce in the demand, admit the origin orintegrity o evidence or participate in a parent and mediation inormationsession.

339. The court, ater hearing the parties, can punish serious breaches notedin the course o the proceeding by ordering a party to pay to another party, aslegal costs, an amount that it considers air and reasonable to cover the

proessional ee o the other party’s lawyer or, i the other party is notrepresented by a lawyer, to compensate the other party or the time spent onthe case and the work involved.

340. Legal costs bear interest at the legal rate as o the date o the judgmentawarding them and are payable to the party to which they are awarded. I legalcosts are awarded against two or more parties, they are solidarily liable orpaying them.

341. The party entitled to legal costs prepares a bill o costs based on thetaris in orce and notifes it to the debtor party, which then has 10 days tonotiy its opposition.

I there is opposition, the bill o costs is sent or taxation to the court clerk,who, to determine the costs, can require that it be shown by evidence by swornstatement or by oral evidence that the costs were incurred. In appeal, legal costsare taxed by the appellate clerk.



Once the bill o costs has been drawn up, a party can ask the court tohomologate it. The court clerk’s decision can, within 20 days, be submitted orreview by the court or, as applicable, by an appellate judge. The baili canalso, within 20 days ater the decision is known, ask or its review as regardscosts relating to the baili’s services.

The decision concerning the taxation or homologation o the legal costs isexecuted in accordance with the rules o provisional execution.

TITLE III

REVOCATION OF JUDGMENT

CHAPTER I

REVOCATION ON APPLICATION BY PARTY

342. A judgment can be revoked, on the application o a party, on seriousgrounds that would tend to bring the administration o justice into disrepute,

by the court that rendered it. A judgment can be revoked, or example, i it wasrendered ater a party acted raudulently, i it was based on alse exhibits or i the production o decisive exhibits was prevented by superior orce or by theact o a party.

As well, a judgment can be revoked i

(1) the judgment adjudicated beyond the plainti’s conclusions or ailed torule on one o them;

(2) no valid deence was produced in support o the rights o a minor personor a person o ull age under tutorship or curatorship;

(3) the judgment was rendered on the basis o invalid consent or ollowingan unauthorized tender that was subsequently disavowed; or

(4) new evidence was subsequently discovered that would probably haveled to a dierent judgment i the party concerned or its lawyer had becomeaware o it in a timely manner.

343. A party against which a deault judgment has been rendered on accounto ailure to answer the summons, attend the case management conerence ordeend on the merits but that is prevented rom doing so owing to raud, surprise

or any other cause considered sufcient can apply to the court that renderedthe judgment or the revocation o the judgment and the dismissal o the originaldemand.

The application or revocation must contain the reasons justiying therevocation as well as the grounds o deence raised against the originaldemand.



344. An application or revocation is notifed to all parties to the proceedingwithin 30 days ater the day on which the cause preventing the party rom flinga deence ceases to exist, or ater the day on which the party becomes awareo the judgment, evidence or act that provides grounds or the revocation. Inthe case o a minor person, the 30-day period begins to run as o notifcationo the judgment ater the person reaches ull age.

The application or revocation is presented beore the court within 30 daysater notifcation as i it were a demand in the course o a proceeding. It cannotbe presented i more than six months have elapsed since the judgment.

These time limits are strict time limits.

345. I the grounds given in support o an application or revocation areound to be sufcient, the parties are restored to their ormer state and the courtproceeds with the original case ater agreeing with the parties on a new caseprotocol.

I circumstances permit, the court can decide the application or revocationand the original demand at the same time.

CHAPTER II

REVOCATION ON APPLICATION BY THIRD PERSON

346. Any person whose interests are aected by a judgment rendered in aproceeding in which neither the person nor the person’s representatives weresummoned can apply or the revocation o the judgment i it prejudices theperson’s rights. The application or revocation originates a proceeding beorethe court that rendered the judgment.

Except i personality rights or the status or capacity o a person are at issue,the application must be presented beore the court within six months ater theperson becomes aware o the judgment. It must be notifed to the parties to theoriginal proceeding or, i the application is brought within one year ater the

judgment, to the persons who represented the parties in the originalproceeding.

CHAPTER III

EFFECT OF APPLICATION FOR REVOCATION

347. An application or revocation does not stay execution o the judgment.However, a judge can order such a stay and, in urgent circumstances, can doso without prior notice.

On notifcation o the application or revocation and the stay order, theexecuting baili immediately ceases the execution process, except orconservatory measures.



TITLE IV

APPEAL

CHAPTER I

INITIATION OF APPEAL PROCEEDING

DIVISION I

INITIATION OF APPEAL

348. The right to appeal belongs to any party to the judgment in frst instancehaving an interest in appealing, unless the party has waived that right. In non-contentious matters, an appeal is also available to third persons to whom the

judgment has been notifed.

349. An appeal is initiated by fling a notice o appeal with either the Courto Appeal or the court o frst instance and notiying the notice to the othercourt.

I leave is required to initiate the appeal, a request or leave to appeal mustbe attached to the notice o appeal. I leave is granted, the notice o appeal isdeemed to have been fled at the time the judgment granting leave isrendered.

350. The notice o appeal must contain the names o the parties and speciythe court appealed rom, the judgment date and the duration o the trial in frstinstance.

The notice o appeal must state the grounds the appellant intends to argue,the conclusions sought and, i applicable, the value o the subject matter o the

dispute. Regardless o whether or not leave to appeal is being requested, thenotice o appeal must also set out the signifcant errors in law or act in the

judgment that warrant its modifcation or reversal.

The notice o appeal must be accompanied by the judgment and, i leave toappeal is being requested, the exhibits and evidence necessary to obtain leave.In addition, the notice o appeal must be fled together with a certifcate inwhich the appellant certifes that no transcript o depositions is necessary orthe appeal or states that the appellant has arranged or the transcription o thedepositions it intends to use.

351. I the appellant is unable, beore the expiry o the time limit or appeal,to provide in the notice o appeal a detailed statement o all the grounds to beargued, a judge o the Court o Appeal, on request and i serious reasons sowarrant, can authorize the fling o a supplementary statement within a specifedtime.

352. A request or leave to appeal is presented without delay and pleadedorally beore an appellate judge, who decides whether to grant leave or not. I



leave was not required and the appeal could have been initiated solely by flinga notice o appeal, the notice o appeal attached to the request or leave toappeal is ormally recorded by the judge as having been fled with the Courto Appeal.

In either case, the appellant has 15 days as o the judgment to fle thecertifcate concerning the transcription o depositions with the Court o Appealand to notiy it to the adverse party.

I leave to appeal is denied, the judgment must give brie reasons.

The appellate clerk sends the judgment without delay to the court o frstinstance and to the parties.

353. As soon as a notice o appeal is notifed to the court o frst instance,the court clerk inorms the judge who rendered the judgment concerned and,on the appellate clerk’s request, sends the case record without delay to theCourt o Appeal, along with an inventory o the exhibits in the record and a

list o the relevant entries in the registers.

The court clerk must do so within two days o notifcation i the appealconcerns a person’s release or personal integrity.

354. The notice o appeal, including, i applicable, the request or leave toappeal, is served on the respondent and notifed to the lawyer who representedthe respondent in frst instance. It is also notifed to persons with an interest inthe appeal as intervenors or impleaded parties.

Within 10 days ater the notifcation, the respondent, the intervenors and theimpleaded parties must each fle a representation statement giving the name

and contact inormation o the lawyer representing them. I the lawyer whorepresented the respondent in frst instance will not be acting or the respondent,he or she must disclose as much without delay to the respondent, the appellantand the court.

355. A properly initiated appeal stays execution o the judgment, except i provisional execution has been ordered or is provided or by law.

I the sole object o an appeal is to obtain an increase or a decrease in theamount awarded by the judgment, an appellate judge, on request, can order thelosing party to comply with the judgment up to the uncontested amount.

356. I a notice o appeal has been fled by a party, another party can initiatean incidental appeal by fling a notice o incidental appeal with the Court o Appeal. An incidental appeal is continued despite the withdrawal or dismissalo the main appeal.



DIVISION II

APPEAL TIME LIMITS

357. A party intending to appeal a judgment must fle a notice o appealand, i applicable, a request or leave to appeal within 30 days ater the judgmentis given in open court or ater a notice that the judgment has been entered in

the court registers is notifed to the party. The party must also notiy the noticeo appeal within the same time.

A notice o incidental appeal must be fled and notifed within 10 days aterservice o the notice o appeal or ater the date o the judgment granting leaveto appeal.

358. The time limit or appealing a judgment that lits an interlocutoryinjunction or denies a person’s release is 10 days. The time limit or appealinga judgment confrming or quashing a seizure beore judgment is also10 days.

The time limit or appealing a person’s release or a judgment granting anauthorization relating to personal integrity or ordering confnement or or atera psychiatric assessment is fve days.

359. I a party dies beore the expiry o the time limit or appeal withouthaving initiated an appeal, the time runs against the successors as o notifcationo the judgment in frst instance.

360. The time limits or appeal are strict time limits, and the right to appealis oreited on their expiry.

Nevertheless, a judge o the Court o Appeal can authorize an appeal i notmore than six months have elapsed since the judgment and the judge considersthat it was impossible or the appellant to act earlier and that the appeal has areasonable chance o success.

An appellate judge, on request, can suspend the time limits or appeal i the judgment has reserved the plainti’s right to claim additional damages orbodily injury and there are compelling reasons or an appeal against the

judgment and an appeal concerning the demand or additional damages to beheard together. The duration and terms o the suspension are determined bythe judge.

DIVISION III

CONDITIONS IMPOSED ON APPEAL AND DISMISSAL OF APPEAL

361. The Court o Appeal or an appellate judge, on their own initiative oron the respondent’s request, can authorize an appeal subject to security beingprovided to guarantee payment o the appeal costs and o the judgment amounti the judgment is afrmed.



The Court or the judge determines the amount o the security and the timelimit within which the appellant must provide it, under pain o dismissal o theappeal.

362. The Court o Appeal can, on a demand by the respondent, dismiss anappeal i the right to appeal is non-existent or has been oreited, i the appealwas not properly initiated, i the judgment has been acquiesced in or a partyin whose avour the judgment was rendered has waived the rights arising romit, or i the appeal has no reasonable chance o success or is o an impropernature.

The demand or dismissal must be fled with the Court within 20 days aterservice o the notice o appeal, and cannot be presented beore 30 days haveelapsed since its fling. The time limits or preparing the appeal record aresuspended until judgment is rendered on the demand or dismissal.

The inadmissibility o an appeal can be urged despite a ailure to oppose theappeal within the allotted time.

363. The Court o Appeal can, on the basis o the record, deny a demandor the dismissal o an appeal on the grounds that it has no reasonable chanceo success or is o an improper nature. It can also, on the basis o the record,authorize the appeal subject to the conditions it determines, including requiringthe appellant to provide security.

CHAPTER II

APPEAL MANAGEMENT

364. An appellate judge can, at any time, on his or her own initiative or on

request, convene the parties to coner with them on the advisability o adoptingmanagement measures in order to defne the issues really in dispute or determinepossible ways o simpliying the proceedings and shortening the debate.

Ater giving the parties the opportunity to make representations, the judgecan suggest that they take part in a settlement conerence and determine orlimit the pleadings and the documents to be fled, setting the time limit ordoing so. As well, the judge can set the time limit or preparing the appealrecord and decide, despite the rules otherwise applicable, to proceed by wayo memorandums or actums and, i necessary, modiy time limits prescribedby this Code. In addition, the judge can set the date, time and duration o thehearing.

The management conerence is held without ormality and requires no priorwritten documents. It can be held using any appropriate means o communication.

Management decisions are binding on the parties.



365. In matters where the appeal record is to comprise memorandums, theappellate clerk can set the date and time o the hearing and establish a calendar,with the parties, or the fling o documents.

366. At any time during the appeal proceeding, a party can, withoutormality, request directions rom the chie justice or the subsequent conduct

o the appeal.

CHAPTER III

APPEAL RECORD

367. The appeal record comprises the notice o appeal, together with eitherthe parties’ memorandums or the parties’ actums. Barring an exemption roman appellate judge, actums must be preceded by a joint statement o the actsand issues in dispute. The record also comprises all elements necessary to thedebate, namely, the pleadings fled or the joining o issues in frst instance andthe judgment being appealed.

A respondent making an incidental appeal attaches all documents concerningthe incidental appeal to the actum or memorandum on the main appeal.

The appeal record is prepared as required by the rules o practice o theCourt o Appeal.

368. The appeal record comprises memorandums i the appeal is against a judgment in a matter relating to personal integrity, status or capacity or tohabeas corpus, a amily matter, an international child abduction matter or anon-contentious or seizure matter, or i the appeal is against an interlocutory

judgment. In any other case, the appeal record comprises actums.

A memorandum presents in a concise manner the issues in dispute as wellas the party’s claims, conclusions and main arguments.

Memorandums are fled with the Court and notifed to the other parties withinthe time limits specifed in the appeal management decision made by theappellate clerk or an appellate judge.

369. The parties’ joint statement sets out the acts and the issues in disputeand identifes the evidence that is relevant to the appeal. It must be fled withthe Court within 45 days ater the notice o appeal is fled.

I the parties cannot agree on the acts, the issues or the evidence that isrelevant, the appellant fles a statement, which is deemed confrmed unless therespondent specifes, within 10 days ater the appellant’s statement is fled,what should, in the respondent’s opinion, be added or deleted.

370. I preceded by a joint statement, a actum sets out the arguments raisedand the conclusions sought by the party in relation to the issues in dispute, a



two days beore that date i it is to be presented to an appellate judge or theappellate clerk.

375. Incidental demands available in frst instance can be presented onappeal, insoar as they are applicable.

An appellate judge sitting alone is competent to decide incidental demands,except those that are substantive.

However, an appellate judge sitting alone or the appellate clerk is competentto rule on a request to cease representing a party, or a substitution o lawyeror or the joinder or severance o appeals, or on an appeal management requestor the setting or extension o time limits or or authorization to fle asupplementary statement. In all cases, the appellate clerk can reer a requestto a judge, or the judge, to a panel o the Court, i the clerk or judge considersthat the interests o justice so require. Such requests are fled by means o aletter and notifed to the other parties.

376. At any time in the course o an appeal proceeding, an appellate judgecan issue an order to saeguard rights o the parties or authorize the correction,

within the time and on the conditions he or she determines, o any irregularityin the proceeding as long as the notice o appeal has been duly fled andnotifed.

377. The Court can authorize a party to present indispensable new evidenceater giving the parties an opportunity to make submissions.

The Court sets the terms or doing so, and can even reer the case back tothe court o frst instance or the submission o additional evidence.

DIVISION II

SETTLEMENT CONFERENCE

378. On the parties’ request, an appellate judge can, at any time, presideover a settlement conerence to assist the parties in resolving their dispute.

Notice o the settlement conerence is given to the appellate clerk by theparties, and the holding o the conerence suspends the time limits prescribedby this Title.

379. A settlement conerence is held in camera in the presence o the partiesand o their lawyers. It is held at no cost to the parties and without ormalityand requires no prior written documents. Anything said, written or done duringthe conerence is confdential. All other rules governing the conerence aredefned by the judge and the parties.

A transaction terminating a case is submitted to the Court by the appellateclerk in order to be homologated and made enorceable.



DIVISION III

SETTING DOWN FOR HEARING

380. The appellate clerk sets an appeal down or hearing as soon as it isready to be heard, that is, once all actums or memorandums have been fledin the record, or when the Court so orders.

I the appeal concerns a person’s release or personal integrity, it is set downto be heard at the earliest opportunity ater the appellant’s memorandum isfled.

I the respondent has not fled or notifed a memorandum or a actum withinthe allotted time, the appeal is nevertheless set down or hearing.

An appellate judge or the appellate clerk can strike an appeal rom the rolland deer the hearing to a later date.

381. The Court or an appellate judge, on their own initiative or on the

parties’ request, can decide that the appeal will be decided on the basis o therecord.

In such a case, the appellate clerk inorms the parties o the date on whichthe appeal is taken under advisement and o the identity o the judges on thepanel. At any time during the advisement period, the judges can ask the clerk to set the appeal down or hearing i they consider that a hearing isnecessary.

DIVISION IV

HEARING

382. The appellate clerk inorms the parties o the hearing date and specifesthe time allotted to each party or oral argument.

383. The Court hears the parties in a three-judge panel, although the chie justice can increase that number as he or she considers appropriate.

An appellate judge cannot hear an appeal i he or she was the trial judge infrst instance or presided over a settlement conerence concerning the matter.

CHAPTER V

DECISION

384. A decision is rendered by the Court when a majority o the judgeshaving heard the appeal concur. The decision can be given in open court bythe judge who presided over the appeal hearing, even in the absence o the



other judges. Alternatively, it can be deposited at the ofce o the Court underthe signature o all or the majority o the judges who heard the appeal.

The appellate clerk inorms the parties without delay that a decision hasbeen rendered and sends it to the court o frst instance along with therecord.

All decisions o the Court and its judges are subject to the rules o Title Igoverning judgments, with the necessary modifcations.

385. The act that one o the judges who heard the appeal cannot make hisor her opinion known does not prevent the other judges rom rendering adecision, i they are sufcient in number. Otherwise, the chie justice can ordera new hearing i the interests o justice so require.

A judge who is unable to act or has let ofce, including because o anappointment to another court, can nonetheless participate in the decision.

386. In addition to the operative part, every decision o the Court mustcontain the names o the judges who heard the appeal and mention who among

them does not concur in the opinion o the majority.

The decision must give reasons, unless it reers to one or more opinionsissued by the judges.

387. The decision is enorceable immediately and bears interest rom thedate it is rendered, unless it specifes otherwise. Its execution, as regards boththe principal and any legal costs, is carried out by the court o frst instance.

However, the Court or one o its judges, on a demand, can order execution

stayed, on appropriate terms, i the party establishes its intention to apply orleave to appeal to the Supreme Court o Canada.

BOOK V

RULES APPLICABLE TO CERTAIN CIVIL MATTERS

TITLE I

DEMANDS IN MATTERS GOVERNED BY LAW OF PERSONS

CHAPTER I

GENERAL PROVISIONS

388. A person o ull age or a minor person 14 years o age or older whois the subject o a demand relating to personal integrity, status or capacity must,unless it is impossible, beore a determination is made by the court or minutesare drawn up by the notary, as applicable, be heard in person or the purposeo giving his or her representations or opinion or being examined.



The court seized o the demand can delegate the responsibility o hearingthe person and recording the answers to a judge or a court clerk in the judicialdistrict where the person resides or to a notary practising in that district. Thetranscript o the examination or the minutes are sent to the court or to the notaryseized o the matter, to the person who presented the demand and, i applicable,to the meeting o relatives, persons connected by marriage or civil union andriends, and to any other interested persons.

I a notary is seized o the demand, he or she cannot delegate the responsibilityo hearing the person except in order to avoid unduly high travel expenses inthe case o a person o ull age who lives in a remote location; however, i notsuciently fuent in the person’s language, the notary can mandate a notarywho speaks the language, or else request the services o an interpreter. Thenotary who hears the person draws up minutes o the hearing, translated intoFrench or English as required.

389. In matters relating to personal integrity, status or capacity, the demandmust be accompanied by a notice, in the orm determined by the Minister o

Justice, inorming the person concerned o his or her rights and obligations.The court baili who serves the demand must draw the person’s attention tothe content o the notice.

CHAPTER II

DEMANDS RELATING TO PERSONAL INTEGRITY

DIVISION I

CARE AND CONFINEMENT IN INSTITUTION

390. A demand to obtain a court authorization or care required by the stateo health o a minor person or a person o ull age incapable o giving consentcannot be presented beore the court less than ve days ater the demand hasbeen notied; the same applies to a demand concerning the alienation o a bodypart o such a person. A demand concerning a person’s connement in a healthor social services institution or or ater a psychiatric assessment cannot bepresented less than two days ater the demand has been notied.

In any such instance, the court can shorten the minimum time lapse betweenthe notication and the presentation o the demand.

391. The court is not required to examine the person who is the subject o

a demand requesting a psychiatric assessment i it is clearly inexpedient giventhe urgency o the situation or the person’s state o health, or i it is shown tothe court that it could be harmul to the person’s health or saety or to that o other persons.

392. A judgment ordering a person’s connement or or ater a psychiatricassessment is enorceable immediately. A judge o the Court o Appeal can,however, suspend execution o the judgment.



The court clerk sends a copy o the judgment and o the record without delayto the Administrative Tribunal o Québec, at no cost to the parties. In addition,the judgment is notifed to every person to whom the demand was notifed. Itcan be executed by a peace ofcer.

DIVISION II

HABEAS CORPUS

393. Any person deprived o liberty without it having been ordered by adecision o the competent court can institute a demand requesting the SuperiorCourt to rule on the lawulness o the detention and to order his or her releasei the detention is unlawul. A third person can act on the person’s behal.

The summons directs the detaining authority to appear beore the court onthe date specifed in order to explain the grounds or the detention.

I the deprivation o liberty is due to confnement in an institution governed

by health services and social services legislation or to detention in a correctionalacility or a penitentiary, the demand must be notifed to the Attorney General,together with a notice o the date o presentation.

394. The demand must be tried on the day it is presented. The plainti’sevidence can be adduced by sworn statement.

I the court considers that the Attorney General has a sufcient interest, itorders that the demand be notifed to the Attorney General and adjourns thetrial to an early date.

395. I the demand cannot be tried on the day it is presented, the court can

authorize the person’s immediate release; however, i the person is in detention,the court can require that security be given to ensure his or her attendance atthe trial and compliance with any orders that may be issued.

396. A habeas corpus order must be served personally, unless circumstancesprevent it, in which case the court determines the mode o notifcation itconsiders most appropriate.

397. The judgment o the court is enorceable on the expiry o the time orappeal or as soon as the opposite party and the Attorney General, i party tothe proceedings, indicate that they do not wish to appeal, or acquiesce in the

judgment.

I there is an appeal, the court or a judge o the Court o Appeal can orderthe person’s provisional release and set the conditions o release.



CHAPTER III

DEMANDS RELATING TO PERSONAL STATUS AND CAPACITY

398. To be admissible, a demand or the review o a decision o the Registraro Civil Status must be brought within 30 days ater the decision is notifed tothe plainti. The Registrar o Civil Status sends the relevant record to the court

without delay.

399. A demand or the institution o protective supervision must be notifedto the persons who are required to be called to a meeting o relatives, personsconnected by marriage or civil union and riends when a tutorship council isto be established.

The demand must also be notifed to the Public Curator together with theexpert’s reports supporting it. Failing such notifcation, the court clerk suspendsthe proceeding until the court receives proo o the notifcation.

The Public Curator, on the Public Curator’s own initiative and without notice,

can take part in the trial o the demand.

400. I it is necessary to establish a tutorship council, a meeting o relatives,persons connected by marriage or civil union and riends is called or thatpurpose by the special clerk or the notary who is to preside the meeting.

The notice o meeting, notifed to the persons who are required to be calledto establish a tutorship council, must state the purpose, place, date and time o the meeting. The date o the meeting cannot be less than 10 days nor more than30 days ater notifcation o the notice.

As soon as the tutorship council is established, and subsequently whenever

there is a change in its composition, it provides the names and contactinormation o the council members and secretary to the person represented,i 14 years o age or older, his or her representative, and the Public Curator.

401. Notifcation to the tutorship council is made to its secretary.

On receiving notifcation o a demand or the review o a decision o thetutorship council, the secretary orwards the relevant minutes and record to thecourt without delay.

402. The Public Curator can institute a demand or the institution o

protective supervision and propose a suitable person to assist or represent theperson o ull age as provided or in section 14 o the Public Curator Act(R.S.Q., chapter C-81) i, within 30 days ater the Public Curator’srecommendation to that eect has been fled with the court, the court clerk inorms the Public Curator that no other person has instituted such ademand.



403. The court seized o a demand or the homologation o a protectionmandate is required to veriy the mandator’s incapacity, the existence o themandate and, i the mandate was given beore witnesses, its validity.

CHAPTER IV

LEGAL PERSONS

404. The Attorney General or any interested person can ask the court toannul a legal person’s constituting act or impose any other penalty prescribedby law i

(1) the legal person was not constituted in accordance with the law;

(2) juridical personality was obtained unlawully or by raud or was grantedin ignorance o a material act;

(3) the legal person, its ounders or their successors or its directors or ofcers

repeatedly act in contravention o the laws governing them, or exercise powersbeyond those conerred on the legal person; or

(4) the legal person perorms or omits to perorm an act the perormanceor omission o which amounts to a waiver o its rights.

The Attorney General or any interested person can also ask the court to annulany instrument amending a legal person’s constituting act and any relatedcertifcate i the amending instrument contains unlawul provisions or alse orerroneous statements.

405. The judgment annulling a legal person’s constituting act must appoint

a liquidator to liquidate the legal person’s assets as provided in the applicablelegislation or in the Civil Code. The judgment is notifed to the enterpriseregistrar.

The legal costs are paid out o the legal person’s patrimony and, i it isinsufcient, out o the personal patrimony o its directors and other ofcers.However, when a judgment declares a legal person without share capital tohave been unlawully constituted, the legal costs constitute a personal debt o the persons orming the legal person.



one o whom must be a lawyer. The session can be held using any appropriatetechnological means available.

I the parties wish to participate in separate sessions, their wish must berespected.

Ater the session, a participation certifcate is issued by the Family MediationService.

DIVISION II

MEDIATION

417. The parties can decide on their own to enter into mediation with acertifed mediator, whom they choose jointly.

418. The court can order mediation at any stage o a proceeding. Whenordering mediation, the court reers the parties to the certifed mediator o their

choice or asks the Family Mediation Service to intervene and work with theparties.

Beore ordering mediation, the court considers such actors as whether theparties have already met with a certifed mediator, whether the balance o powerbetween the parties is equal, whether there have been incidents o amily orspousal violence and whether mediation is in the best interests o the partiesand o their children.

419. On ordering mediation, the court can adjourn the trial or not morethan three months. On or beore the expiry o that time, i mediation has notbegun or i it has been ended, the court can continue the trial or, with the parties’

consent, extend the adjournment or the time it specifes.

The judge who adjourned the trial or reerred the parties to mediation remainsseized o the matter, unless the chie justice or chie judge decidesotherwise.

420. When intervening at the court’s request, the Family Mediation Serviceappoints a mediator and sets the date o the frst meeting within 20 days atermediation is ordered. A mediator chosen by the parties is required to begin themediation within 20 days ater the trial is adjourned.

421. I the parties do not enter into mediation within the allotted time or i they put an end to mediation beore the dispute has been settled, the mediatorfles a report with the court. The mediator also sends the report to the FamilyMediation Service and, within the ollowing three days, to each o the partiesand their lawyers.

The adjournment o the trial ends on the fling o the report with the court.The court clerk enters a notice in the court register, then inorms the judge



seized o the matter and gives him or her the case record so that a trial date canbe set.

DIVISION III

MEDIATION REPORT AND MEDIATOR’S FEE

422. At the end o mediation, the mediator signs and dates the mediationreport, fles it with the Family Mediation Service and sends it to the partiesand their lawyers.

The report gives an account o the parties’ attendance and specifes the points,i any, on which an agreement has been reached. It must contain no otherinormation.

423. In the cases specifed in the regulations under article 624, the FamilyMediation Service bears all or a portion o the mediator’s ee. In any othercase, the ee is apportioned between the parties based on their respective income

or according to their agreement, unless the court orders otherwise.

CHAPTER III

PSYCHOSOCIAL ASSESSMENT

424. In any amily law case in which the interests o a minor child are atstake, the court, on its own initiative or on a demand, can order the PsychosocialAssessment Service o the Superior Court to appoint an expert to enlighten thecourt on any custody-related or other issue aecting the child.

The assessment order must defne the expert’s mission and set the time limit

within which the expert’s report is to be submitted to the PsychosocialAssessment Service, which must not exceed three months ater the date o theexpert’s appointment.

425. The court clerk immediately notifes the judgment containing theassessment order as well as the other relevant documents to the PsychosocialAssessment Service. The service appoints an expert and gives the expert’s nameto the judge who issued the order or to the chie justice or chie judge.

426. The Psychosocial Assessment Service takes all the necessary measuresto ensure that the appointed expert complies with the time limit set orsubmitting his or her report.

However, i the expert shows that it was actually impossible to submit thereport within the time limit set, he or she can, ater inorming the Service, ask the court to extend the time limit. I an extension is granted, the court clerk soinorms the Service.



427. The expert fles the report with the Psychosocial Assessment Service,which orwards it to the court clerk. The court clerk sends the report to the

judge who ordered the assessment or, i that judge is no longer seized o thematter, to the chie justice or chie judge or the judge appointed by him or her,and to the parties.

428.

As provided in section 19 o the Act respecting health services andsocial services (R.S.Q., chapter S-4.2), the court can order an institution togive an appointed expert access to any inormation in a user’s record that isnecessary or the purpose o the expert’s mission.

CHAPTER IV

JOINT DEMAND FOR SEPARATION FROM BED AND BOARD,DIVORCE OR DISSOLUTION OF CIVIL UNION ON BASIS OF DRAFTAGREEMENT

429. Spouses can submit to the court or approval a drat agreement, dated

and signed by them, that provides a complete settlement o the consequenceso their joint demand or separation rom bed and board, divorce or dissolutiono their civil union.

The drat agreement is in eect rom the date o the demand to the date o the judgment, subject to any provisional measures that the spouses have setout in it.

The drat agreement must identiy the liquidator o the matrimonial or civilunion regime, i one is required.

430. The joint demand lapses i, ollowing an adjournment order, the spouses

ail to present an amended drat agreement within three months or any othertime limit set by the court. The joint demand also lapses i one o the spousesdiscontinues the joint demand and neither o them amends the demand andcontinues the proceeding within the ollowing three months.

CHAPTER V

DEMANDS RELATING TO ADOPTION

DIVISION I

PROVISIONS APPLICABLE TO ADOPTION UNDER GENERAL

CONSENT

431. A demand or the adoption o a minor child must be notifed to thedirector o youth protection having jurisdiction in the child’s place o residenceor, i the child is domiciled outside Québec, in the adopter’s place o domicile.



I notice o the demand must be notifed to another party or to an interestedperson, it is notifed by the director. The notice must ensure that the adoptersremain anonymous to the parents or the tutor and vice versa, and must statethe purpose o the demand, the grounds on which the demand is based and theconclusions sought.

432. The court admits to its hearings any member o the Commission desdroits de la personne et des droits de la jeunesse or any other person expresslyauthorized by the Commission to attend. Such a person cannot disclose, or becompelled to disclose, anything that was said or that occurred at a hearing.

433. A demand or the return o a child brought by a person who gavegeneral consent to adoption and did not withdraw it within the prescribed timemust be notifed to the director o youth protection. The director gives noticeo the demand to the person having or exercising parental authority, to theather or mother i they no longer have parental authority and, i applicable, tothe tutor.

In any proceeding, unless all parties agree otherwise, the court must take allnecessary measures to ensure that the persons demanding the child’s returnnever meet the adopters ace to ace and can never identiy them or be identifedby them.

DIVISION II

DEMAND FOR DECLARATION OF ELIGIBILITY FOR ADOPTION

434. A demand or a declaration o eligibility or adoption concerning achild 10 years o age or older is notifed to the child i the judge so orders.

DIVISION III

DEMAND FOR PLACEMENT AND ADOPTION

435. A demand or placement o a child is presented by the adopter andthe director o youth protection; in the case o special consent to adoption, thedemand can be presented by the adopter alone.

A demand or placement o a child can also be presented by the child’s parentalone, or by a spouse who alone presented a demand or a declaration o eligibility or adoption in accordance with article 560 o the Civil Code.

436. A notice o the demand or placement, stating the plainti’s name andplace o domicile, must be notifed to the child concerned i he or she is 10 yearso age or older. The director o youth protection notifes a notice o the demandto the child’s ather, mother or tutor i they are domiciled in Québec andconsented to the adoption in the year preceding the demand.



In the case o special consent to adoption or o consent arising out o adeclaration o eligibility or adoption, the notice o the demand or placementis notifed by the plainti.

437. A demand or the revocation o a placement order is notifed to thedirector o youth protection, who gives notice o the demand to the adopterand to the person whose adoption is sought.

In the case o special consent to adoption, the demand or revocation isnotifed to the adopter and to the person whose adoption is sought i he or sheis 10 years o age or older.

438. I the director o youth protection fles with the court a report statingthat the child has not adapted to his or her adoptive amily, the court sends thereport to the adopter and, i applicable, to the child’s tutor or lawyer, andinorms them o the time within which they can contest the report.

I it considers it appropriate, the court can send the report to the person

whose adoption is sought i the person is 14 years o age or older; it is requiredto do so i it intends to dismiss the demand or adoption on the basis o thereport.

439. A party instituting a demand or recognition o an adoption order madeoutside Québec can, together with the demand, fle ancillary demands such asor a change o the adoptee’s name or given name and the alteration o theregister o civil status.

CHAPTER VI

DEMANDS RELATING TO SUPPORT OBLIGATIONS

440. The Government, by regulation, establishes standards or determiningthe child support payable by a parent. The standards are established on thebasis o, among other actors, the combined basic contribution that should berequired o the parents in respect o the child, child care expenses, postsecondaryeducation expenses, special expenses or the child and the custodial time o each parent.

The Minister o Justice prescribes and publishes in the Gazette ofcielle duQuébec the statement and the support determination orm that the parties arerequired to fle. The Minister also prescribes and publishes a table allowingthe combined basic parental support contribution to be determined on the basis

o the parents’ disposable income and the number o children they have. TheMinister also identifes the documents that must be enclosed with the orms.

441. No demand relating to a support obligation or deence against such ademand can be heard unless the plainti’s or, as applicable, the deendant’sstatement containing the required inormation has been fled with the court.The statement o a support creditor who is a minor is made by the person acting



The inormation entered in the register o support payments isconfdential.

448. I a judgment awarding support so directs, the parents must provideeach other with a statement o their income once a year, on the date andaccording to the terms specifed by the court, or i none are specifed, on theanniversary o the judgment.

In a judgment varying the support awarded, the court can require the debtorparent to pay any amounts owing starting on the date it determines, but thatdate must not be earlier than the date on which the debtor ailed to complywith the requirement to provide inormation.

CHAPTER VII

DEMANDS RELATING TO PARENTAL AUTHORITY

449. A demand or deprivation o parental authority or or withdrawal o

an attribute o parental authority or o the exercise o such an attribute mustbe notifed to the director o youth protection having jurisdiction in the child’splace o residence. The director can then intervene as o right as regards thedemand.

A demand by the mother and ather, or by either parent, to have withdrawnrights restored must be notifed not only to the person having parental authorityor, as applicable, to the child’s tutor, but also to the persons who were party tothe demand on the basis o which the rights were withdrawn.

450. The court, even on its own initiative, can order the establishment o atutorship council so that it may seek its advice on the designation o a person

to hold parental authority or on the appointment o a tutor.

CHAPTER VIII

JUDGMENT

451. When pronouncing a separation rom bed and board, the annulmento a marriage, a divorce or the annulment or dissolution o a civil union, thecourt determines ancillary demands, such as demands relating to the custody,maintenance or education o the children or to child or spousal support. At thesame time or at a later date, i warranted by the circumstances, the court ruleson issues relating to amily patrimony and other patrimonial rights arising romthe marriage or civil union.

452. A court that is asked to homologate an agreement or a drat agreementbetween the parties can amend the agreement or drat agreement on the basiso the interests o the children or o one o the spouses. The court can alsopostpone its decision until the parties have amended the agreement or dratagreement or deny homologation, in which case the proceeding continues.



453. A judgment ordering the drawing up or correction o an act o civilstatus or the alteration o the register o civil status must set out the entries tobe made in the register. The judgment is binding on the registrar o civil statusas a matter o course.

454. The court clerk notifes a judgment pronouncing a separation as to

property, a separation rom bed and board, the annulment o a marriage, adivorce or the annulment or dissolution o a civil union to the registrar o civilstatus, the personal and movable real rights registrar, the Régie des rentes duQuébec, the depositary o the original o the marriage contract or civil unioncontract and the depositary o the original o any contract modiying thematrimonial or civil union regime.

The depositary is required to bring to the attention o persons who reer tothe original or a copy o the contract the act that a judgment has been renderedin connection with the contract and to give them the inormation needed toaccess the judgment, including the judgment date and court record number andthe judicial district and court in which the judgment was rendered.

455. I a judgment varying ancillary measures is rendered in a dierent judicial district than the one in which the initial judgment was rendered, thecourt clerk sends the judgment to the court clerk o the district in which theinitial judgment was rendered.

CHAPTER IX

OPPOSITION TO MARRIAGE OR CIVIL UNION

456. A demand or authorization to make matrimonial or civil unionagreements must be notifed to interested persons at least fve days beore the

date o presentation o the demand. The proposed contract and, i applicable,the opinion o the tutorship council must accompany the demand.

457. An opposition to a marriage or civil union must be notifed, at leastfve days beore the date o its presentation, to the ofciant, to the intendedspouses and to any person who must consent to the solemnization o themarriage or civil union.

Unless it is abusive, the judge admits the opposition and sets an early hearingdate. Admission o the opposition stays the solemnization o the marriage orcivil union. I the opposition is not presented on the scheduled date, any partycan obtain a deault certifcate rom the court clerk. On receiving the deaultcertifcate, the ofciant can proceed with the solemnization.

In dismissing an opposition, the court, on a demand, can immediately orderthe opposer to pay damages or can schedule a date to hear evidence on damages.A judgment dismissing an opposition cannot be appealed.



TITLE III

DEMANDS RELATING TO SUCCESSIONS, PROPERTY, SECURITYAND EVIDENCE

CHAPTER I

PROBATE OF WILLS AND LETTERS PROBATE

DIVISION I

PROBATE OF WILLS

458. When it would prove impractical or too costly to call all the knownsuccessors to the probate o a will, the court clerk can grant an exemption romthat requirement and determine the persons to be notifed by the plainti orthe notary seized o the probate demand.

459. I the original o the will is held by or deposited with a third person,the court clerk can order the person to fle it with the court or to deliver it to

the notary designated by the court clerk so that he or she may examine thewill.

460. A will probated by the court is deposited at the court ofce. The courtclerk issues certifed copies o the will, the judgment probating the will andany evidence produced in support o the probate demand to any interestedperson on request.

A will probated by a notary is attached to the minutes o the probate andkept in the notary’s records. The notary issues certifed copies o the will andminutes o the probate to any interested person on request.

461. A probated will can subsequently be contested by any interested personwho did not oppose the probate demand or who, having opposed it, raisesgrounds he or she was not in a position to assert at the time.

DIVISION II

LETTERS PROBATE

462. Any interested person can institute a demand or letters probate, oruse outside Québec, to prove his or her capacity as heir, legatee by particulartitle or liquidator o the succession.

The letters probate certiy that the succession has opened and identiy theliquidator o the succession. In the case o an intestate succession, the lettersprobate also certiy that the property o the deceased devolves to the personslisted in the proportions stated. In the case o a testamentary succession, theletters probate certiy that it has been established that the will, a copy o whichis attached to the letters probate, is the only will made by the deceased or the



last will made by the deceased; in the latter case, they certiy that the willrevokes previous wills in whole or in part.

463. The demand or letters probate is notifed to the liquidator o thesuccession, i known, and to all the known heirs and legatees by particular titlewho are resident in Québec.

464. Letters probate can be revoked or corrected on a demand by anyinterested person who did not oppose their issue or who, having opposed it,raises grounds he or she was not in a position to assert at the time.

465. The court clerk or the notary issues certifed copies o letters probateto any interested person on request. However, i the letters probate are contested,no copies can be issued until the demand is disposed o.

I a judgment rectifes letters probate, the court clerk issues new lettersprobate to replace the initial ones.

CHAPTER II

DEMANDS RELATING TO PUBLICATION OF RIGHTS

466. A demand relating to registration in the land register or in the registero personal and movable real rights, or to the correction, reduction orcancellation o an entry in either register, must be supported by a statement,certifed by the registrar, setting out the rights entered in the register in respecto the property, the nature o the universality, or the name o the grantor.

467. A demand relating to acquisitive prescription o an immovable mustbe supported by a recent statement, certifed by the registrar, setting out the

rights entered in the land register in respect o the immovable and by a copyo or an extract rom the cadastral plan.

I the immovable is not immatriculated or i the immovable is a part o a lot,a technical description o the immovable and the related plan, both preparedby a land surveyor, must be fled with the demand; i a construction has beenerected on the immovable, a location certifcate must also be fled.

The court that is to determine the right o ownership can, even on its owninitiative, order a determination o the boundaries o the immovable i theaccuracy o the plan is contested by the owners o the adjoining immovables.

CHAPTER III

BOUNDARY DETERMINATION

468. A ormal notice or the determination o boundaries must speciy whatis demanded and the reasons or it, without any reerence to disturbances,damages or other claims. It must describe the immovables concerned and



include the name and contact inormation o the land surveyor proposed orthe perormance o the operations.

I, ollowing the ormal notice, the owners agree to a boundary determinationand on the choice o a land surveyor, they set out their agreement in a documentstating the reasons or the boundary determination, describing the immovablesconcerned and identiying the land surveyor.

In the absence o an agreement, the person who sent the ormal notice canask the court to rule on the right to a determination o boundaries and designatea land surveyor.

469. The land surveyor chosen by the parties or designated by the courtperorms all the operations necessary to determine the boundaries o theimmovables. The land surveyor draws up minutes o the operations perormed.The minutes constitute the surveyor’s report and must include a plan o thepremises, state the respective claims o all the owners concerned and establishthe boundary lines the surveyor considers most appropriate. The land surveyor

notifes a copy o the report to the owners and inorms them o the eect o the report remaining uncontested.

470. I owners who agreed to a boundary determination and on the choiceo a land surveyor accept the land surveyor’s report, they can apply orregistration o the report in the land register. A report so registered has thesame orce and eect as a judicial determination o boundary lines.

I one o the owners does not accept the land surveyor’s report, any o them,within one month ater its notifcation, can present a demand or a boundarydetermination beore the court; otherwise, the report is deemed to beaccepted.

471. The court seized o a demand or a boundary determination determinesthe boundary lines between the immovables. The court appoints a land surveyor,who places boundary markers in the presence o witnesses, draws up minuteso the operations perormed and fles them with the court; the minutes provideproo o the execution o the judgment.

The judgment determining the boundary lines transers ownership; it isnotifed to the minister responsible or the cadastre.

472. I, in the course o the proceeding, one o the owners transers therights held by that owner in the immovable that is the subject o the boundary

determination, the transeree can be compelled to a continuance.

473. I a boundary determination may aect immovables that are notadjoining to the plainti’s immovable, the court, even on its own initiative,can order the owners o the non-adjoining immovables to intervene in thematter. A land surveyor appointed by the parties can ask the court to order suchintervention.



474. The costs o a boundary determination are common costs and sharedin proportion to the length o the determined boundary o each immovable.

CHAPTER IV

CO-OWNERSHIP AND PARTITION

475. In granting a demand or the partition o undivided property, the courtcan order either a partition in kind or the sale o the property.

The court can appoint an expert to assess the value o the property, dividethe property into lots and distribute the lots, i the property can convenientlybe divided and distributed, or to sell the property, on the terms determined bythe court. On completion o the operations, the expert prepares a report, flesit with the court and delivers a copy to the co-owners.

The expert must have the report homologated; the homologation demandcan be contested by any interested person. When homologating the report, the

court can, i necessary, direct the court clerk or any other person it designatesto hold a drawing o the lots; minutes o this operation must be fled in thecourt record.

476. A demand relating to divided co-ownership o an immovable must benotifed to the syndicate o co-owners, which must inorm all the co-ownerso the subject matter o the demand within fve days ater the notifcation.

CHAPTER V

SAFETY DEPOSIT BOXES

477. A person cannot open a saety deposit box leased by another personin a fnancial institution unless authorized to do so by that person or, i he orshe is deceased, by the liquidator o the succession or, in the absence o aliquidator, by the successors. A person can open such a saety deposit box i authorized by the court to do so.

The court grants its authorization only i it is satisfed that the demand orauthorization has been notifed to all those who may have rights in the propertycontained in the saety deposit box or that sufcient eort has been made toreach them. The court can authorize the opening o the box subject to theconditions it specifes.

When the saety deposit box is opened, a notary or a baili draws up minutesstating the names o the persons present and describing the contents o the boxand the property removed.

478. Beore the saety deposit box is opened, the plainti must pay to thelessor an amount sufcient to cover the cost o opening the box and anyrestoration costs.



CHAPTER VI

DEMANDS RELATING TO SECURITY

479. A demand relating to security must be supported by a recent statementrom the relevant register, certifed by the registrar.

480. A judgment ordering the orced surrender o property specifes thetime within which, the manner in which and the person to whom the propertyis to be surrendered. The judgment also orders that, on ailure to surrender theproperty within the time specifed, the debtor or the owner or holder o theproperty be evicted, or the property be taken away rom the person, asapplicable.

In an urgent situation, the court can authorize the creditor to take immediatepossession o the property or administration purposes, to take it in payment,to sell it privately or to sell it by judicial sale.

481. An order to surrender property issued even beore the expiry o the

time specifed in the prior notice o the exercise o a hypothecary right can beannulled by the court on the demand o the owner or holder o the property i the allegations made in the original demand on the strength o which the orderwas issued are insufcient or alse.

The demand or the annulment o the order must be notifed to all the partiesto the proceeding within fve days ater the notifcation o the order.

I the order is annulled, the creditor is required to return the property or payback the alienation price, as applicable.

482. When the identity o the owner or one o the owners o hypothecatedproperty is unknown or uncertain and the demand was notifed by public notice,the court can, i no one contests the demand or exercises the rights o thehypothecary debtor or the person against whom a right may be exercised,authorize the creditor to exercise a hypothecary right.

CHAPTER VII

COPIES OF OR EXTRACTS FROM NOTARIAL ACTS

483. Notaries are required, subject to payment o their ees and expenses,to give access to, or issue copies o or extracts rom, acts that orm part o their

records, or o records o which they are the assignee or custodian, to the parties,their heirs or their representatives.

Notaries are not required, however, to give access to or issue a copy o awill that has been revoked or o an act that is not required to be published,unless ordered by the court or requested by the testator or a party to the act.



484. I a notary reuses or ails to respond, any person who establishes aright or an interest can request a court order directing the notary to give accessto or issue a copy o or extract rom an act.

The order specifes the date and time when access must be given to the act.It must be notifed on a timely basis to the notary; the notary certifes on theact that he or she is acting on the order o the court.

CHAPTER VIII

RECONSTITUTION OF CERTAIN DOCUMENTS

485. When the minute or the original o an authentic act or o a publicregister has been lost, destroyed or removed, any person holding an authenticcopy o or extract rom the act or register, or any interested person, can ask thecourt to authorize or order that it be deposited with the public ofcer the courtdesignates to serve as the original.

The person pays the depositing ee and, i applicable, provides a new copyto the person who held the copy or extract deposited as well as compensationor the disbursements incurred.

486. When an authentic act or a public register cannot be replaced, thepublic ofcer who had custody o the act or register establishes and implementsa procedure or reconstituting it.

I the public ofcer does not act in a timely manner, any interested personcan ask the court to designate a person to establish a reconstitutionprocedure.

The court homologates the reconstituted document on being satisfed thatthe procedure ollowed was appropriate and provides a valid reconstitution.

487. The homologated reconstituted document serves as the original; it isdeposited with the public ofcer who had custody o the original or with thetranseree.

The homologation does not prevent an interested person rom contesting thecontent o the document or asking or corrections or additions to thedocument.



TITLE IV

DEMANDS INVOLVING INTERNATIONAL LAW

CHAPTER I

GENERAL PROVISIONS

488. Natural or legal persons authorized by the law governing their capacityto take part in proceedings can do so beore the courts o Québec. I, underthat law, a person must be represented, assisted or authorized, the person must,beore the courts o Québec, be represented, assisted or authorized in the mannerspecifed by that law or by Québec law.

A natural or legal person authorized to take part in proceedings in a certaincapacity under the law o a oreign state can do so beore the courts o Québec.

A group o persons authorized by its constituting Act to take part inproceedings can do so beore the courts o Québec.

489. When a Québec court is seized o a dispute that involves a oreignelement, the deendant, i domiciled abroad, has 30 days to answer the summonsand the parties have three months rom the date on which the originating demandis notifed to fle a case protocol. These time limits can be shortened i theparties consent or i, in an urgent situation, the judge so orders.

CHAPTER II

PRELIMINARY EXCEPTIONS AND SECURITY

490. A demand urging a Québec court to decline international jurisdictionor dismiss a demand or lack o international jurisdiction is presented, as withany preliminary exception, at the case management conerence.

When ruling on its international jurisdiction, the court considers the guidingprinciples o procedure in addition to the provisions o article 3135 o the CivilCode.

491. I a plainti not resident in Québec or, being a legal person, notdomiciled in Québec could be ordered by the court to pay legal costs, thedeendant can, at any stage o the proceeding, require that the plainti beordered to give security or costs within a specifed time, under pain o dismissal

o the demand. A person acting or another person under the rules o representation beore the courts can also be required to give security i therepresentative or one o his or her mandators is not resident in Québec.

In determining the amount o the security, the court considers the nature,complexity and importance o the case, including the cost involved, as well asthe plainti’s fnancial situation and the value o the plainti’s property in



Québec; i the plainti is acting on behal o a mandator who is not residentin Québec, the court considers the mandator’s fnancial situation. On the demando a party, the court can increase or reduce the amount o security i warrantedby developments in the case or by the plainti’s circumstances.

492. No security or legal costs can be ordered in amily proceedings orproceedings under the Act respecting the civil aspects o international andinterprovincial child abduction (R.S.Q., chapter A-23.01).

In accordance with the Act to secure the carrying out o the Entente betweenFrance and Québec respecting mutual aid in judicial matters (R.S.Q.,chapter A-20.1), no French plainti can be ordered to give security.

CHAPTER III

INTERNATIONAL NOTIFICATION

493. International notifcation between states that are party to the 1965

Hague Convention on the service abroad o judicial and extrajudicial documentsin civil and commercial matters is made in accordance with the Convention,which is reproduced in a schedule to this Code and has orce o law inQuébec.

In any other instance, notifcation is made in accordance with the law ineect in the place where the document must be notifed.

The court, on a demand, can authorize a dierent mode o notifcation i thesituation permits and it is warranted by the circumstances.

The certifcate o notifcation is sent to the notiying party through the same

channels as those used to notiy the demand.

494. Requests or notifcation o judicial and extrajudicial documents incivil, commercial and administrative matters to natural or legal persons residentin France or Québec are orwarded as provided in the Act to secure the carryingout o the Entente between France and Québec respecting mutual aid in judicialmatters.

495. I it is established that no certifcate o notifcation has been receivedwithin three months ater an originating demand was orwarded to a oreignstate not party to the Convention to be notifed, in that state, according to amode recognized by the law o that state or the notifcation o documents

originating abroad, despite reasonable eorts to secure the certifcate throughthe competent authorities o the oreign state, the court can render judgmentagainst the deendant.

496. The Minister o Justice, on a demand received by the Governmentthrough diplomatic or consular channels, can direct a baili to notiy a judicialdocument originating in a oreign state to a person in Québec.



The document to be notifed must be certifed by an ofcer o the issuingcourt. I the document is not in French or English, it must be accompanied byan authenticated translation, and the certifcate o notifcation must state thata translation is attached to the notifed document.

The notiying party pays the notifcation costs in advance, unless otherwiseprovided by an international instrument to which Québec is party.

497. The Minister o Justice can reuse a request or notifcation i it posesa threat to the security o Canada or Québec.

CHAPTER IV

SUMMONING OF WITNESSES

498. A person resident in another province or in a territory o Canada canbe summoned to appear as a witness. The evidence o the witness is taken ata distance unless it is established to the satisaction o the court that attendance

in person is necessary. An advance on the witness indemnity must accompanythe subpoena.

A special order o the court must be endorsed on the subpoena, which mustbe notifed in accordance with the law o the place o residence o the personsummoned to appear.

Unless a deaulting witness resident outside Québec is in Québec at the timeo the deault, only a court having jurisdiction where the witness resides canpunish the witness, on the basis o a certifcate o deault issued by the courtbeore which the proceeding is pending.

499. The court confrms a subpoena issued by an authority in anotherprovince or in a territory o Canada i it is endorsed with a special order andaccompanied by an advance on the witness indemnity.

CHAPTER V

ROGATORY COMMISSIONS

DIVISION I

ROGATORY COMMISSION ORIGINATING IN QUÉBEC

500. I the parties cannot agree on the use o technological means to examinea witness, or the use o such means is not practicable, the court, on a demand,can appoint a commissioner to take evidence or perorm some other judicialact, excluding execution or conservatory measures.

I the person to be examined is domiciled or resident in a oreign state, thecourt can issue a rogatory commission either to a competent authority in that



state or to Canadian diplomatic or consular authorities. The court decision isnotifed by the court clerk to the Minister o Justice and, i required by theoreign state, is accompanied by a translation, the cost o which is borne bythe party that demanded the commission.

501. A judgment appointing a commissioner sets out the names o thepersons to be examined and the manner in which they are to be sworn, thenecessary instructions to guide the commissioner in the execution o thecommission, and the time within which the commissioner’s report must befled. The order can also fx an amount to cover the commissioner’s expensesand disbursements and direct that it be deposited with the court clerk by theparty that demanded the commission.

The party that demanded the commission, or alternatively, the party that joined in obtaining it, must see that it is delivered and executed promptly.

502. I a party wishes to be represented at the examination, it must advisethe commissioner in a timely manner and provide the name and address o its

representative. The commissioner must give the representative at lease fvedays’ notice o when and where the proceedings in execution o the commissionare to take place.

503. A party can ask the court to attach examination and cross-examinationquestions to the commission.

Whether or not any questions have been ormulated in advance, thecommissioner can ask a witness any relevant question and allow any relevantquestion to be asked. The commissioner reserves any objections to evidence,the witness being bound to answer and the parties retaining the right to presenttheir objections beore the court.

504. Within the time specifed in the judgment, the commissioner notifesto the court clerk a report on the execution o the commission together withthe signed depositions o the witnesses and the exhibits they produced. Thedocuments must be in a sealed envelope on which the contents and the casename are identifed.

An unjustifed ailure to fle a commission report cannot prevent the courtrom proceeding with the hearing o the case.

505. A demand or a rogatory commission in a civil, commercial oradministrative matter involving natural or legal persons resident or domiciled

in France or in Québec must comply with the rules set out in the Act to securethe carrying out o the Entente between France and Québec respecting mutualaid in judicial matters.

A commission or the examination o a witness on active service with thearmed orces o Her Majesty outside Québec is addressed to the Judge Advocate



General and executed by the person designated by the Judge Advocate Generalor that purpose.

DIVISION II

ROGATORY COMMISSION ORIGINATING IN FOREIGN STATE

506. The Minister o Justice submits to the court any demand or a rogatorycommission received rom a oreign authority. The court can appoint acommissioner to take the evidence and perorm the judicial acts requested inthe rogatory commission, excluding any execution or conservatory measures.

The court, even on its own initiative, can reuse to allow the execution o the rogatory commission i the court is o the opinion that it alls outside its

jurisdiction or poses a threat to the security o Canada or Québec.

The same rules apply, with the necessary modifcations, to a demandoriginating rom a commission o inquiry established by the Governor General

in Council or a Lieutenant Governor in Council.

507. A rogatory commission is executed in accordance with the rules o this Code governing trials, unless the oreign authority has requested a dierentprocedure. The oreign authority must in any event provide security or thepayment o witness indemnities.

The court notifes the oreign authority o when and where the proceedingsin execution o the rogatory commission are to take place.

508. The documents attesting to the execution o the rogatory commissionor the court’s reusal to allow its execution are sent to the oreign authority

through the same channels as those used to send the demand to the Ministero Justice.

509. I there is reason to believe that a requirement within the meaning o section 1 o the Business Concerns Records Act (R.S.Q., chapter D-12) hasbeen or is about to be issued to send outside Canada a document relating to abusiness concern, the Attorney General, or any person interested in the businessconcern, can bring a demand beore the court in the judicial district where thebusiness concern is located or an order directing any person named in theorder to provide an undertaking or security to ensure that the named personwill not send the document reerred to in the requirement outside Canada.

In urgent cases, the demand can be fled and presented beore the courtwithout prior notice, unless the court determines otherwise.



CHAPTER VI

RECOGNITION AND ENFORCEMENT OF FOREIGN JUDICIALDECISIONS AND FOREIGN PUBLIC DOCUMENTS

510. A demand or the recognition and enorcement o a judicial decisionrendered outside Québec is an originating demand.

Such a demand can also be presented incidentally by any party in the courseo a proceeding.

511. A party seeking recognition or enorcement o a oreign judicialdecision attaches the decision to the demand, together with a certifcate roma competent oreign public ofcial certiying that the decision is res judicatain the state in which it was rendered.

I the decision was rendered by deault, certifed documents establishingthat the originating demand was properly notifed to the deaulting party arealso attached to the request.

Documents in a language other than French or English must be accompaniedby a translation authenticated in Québec.

BOOK VI

SPECIAL PROCEDURAL ROUTES

TITLE I

PROVISIONAL REMEDIES AND CONTROL MEASURES

CHAPTER I

INJUNCTION

512. An injunction is an order o the Superior Court compelling a personor, in the case o a legal person, partnership or association, its ofcers orrepresentatives, to rerain rom or cease doing something or to perorm aspecifed act.

A judgment granting an injunction must be served on the parties and theother persons concerned.

513.

A party can demand an interlocutory injunction in the course o aproceeding or even beore the fling o the originating demand i the lattercannot be fled in time.

A demand or an interlocutory injunction must be fled with the swornstatements needed to support the demanding party’s claims and notifed to theadverse party with a notice o the date o presentation.



In an urgent case, the court can grant a provisional injunction, even beorenotifcation. A provisional injunction cannot be granted or a period exceeding10 days without the consent o the parties.

514. An interlocutory injunction can be granted i the demanding partyappears to have a right to it and it is judged necessary to prevent serious orirreparable prejudice to that party or the creation o a actual or legal situationthat would render the judgment on the merits ineectual.

The court can suspend or renew an interlocutory injunction or the time andsubject to the conditions it determines.

515. I an interlocutory injunction is granted, it must be served on theadverse party and the other persons concerned.

I the originating demand has not yet been served, it is served with theinjunction; i the originating demand has not yet been fled, the injunction isserved without the originating demand, but the latter must be served within the

time set by the court.

516. An injunction cannot be granted to restrain judicial proceedings orthe exercise o an ofce within a legal person established in the public interestor or a private interest, except in the cases described in article 329 o the CivilCode.

517. An injunction remains in orce despite an appeal; an interlocutoryinjunction remains in orce despite a judgment on the merits that dissolves theinjunction i the plainti initiates an appeal against the judgment.

In either case, a judge o the Court o Appeal can provisionally suspend the

injunction or a specifed time.

518. When imposing a contempt sanction or violation o an injunction,the court can order the destruction or removal o anything made contrary theinjunction.

CHAPTER II

SEIZURE BEFORE JUDGMENT AND SEQUESTRATION

DIVISION I

SEIZURE BEFORE JUDGMENT

519. The sole purpose o a seizure beore judgment is to place property inthe hands o justice or the duration o the proceeding. Such a seizure is carriedout in the same manner and according to the same rules as a seizure ater

judgment, subject, however, to the rules o this chapter.



A seizure beore judgment can be carried out beore the fling o theoriginating demand or in the course o the proceeding, or ater an appeal hasbeen initiated, but in the latter case only with the authorization o the court o frst instance.

Seized property remains in the custody o the person rom whom it is seizedunless the court decides otherwise.

520. A plainti, as o right, can seize the ollowing beore judgment:

(1) movable property which the plainti has the right to claim;

(2) movable property or whose price the plainti is entitled to be collocatedby preerence and which is being used in such a manner as to jeopardize therealization o the plainti’s prior claim; and

(3) movable property which, under a provision o law, the plainti is entitledto seize in order to secure the exercise o rights in the property.

However, the authorization o the court is necessary to seize a technologicalmedium or a document stored on such a medium.

521. With the authorization o the court, the plainti can seize thedeendant’s property beore judgment i there is reason to ear that recoveryo the debt might not be possible without the seizure.

522. In a proceeding or the annulment o a marriage or a civil union, orseparation rom bed and board or as to property, or divorce or the dissolutiono a civil union, or or payment o a compensatory allowance, each spouse, aso right, can seize beore judgment movable property belonging to him or her

whether it is in the hands o the other spouse or a third person. With theauthorization o the court, each spouse can also seize property belonging tothe other spouse in which he or she would be entitled to share on the dissolutiono the matrimonial or civil union regime.

523. A seizure beore judgment is carried out under a notice o seizure andaccording to the seizing plainti’s instructions, supported by that person’ssworn statement afrming the existence o the debt and the acts giving rise tothe seizure and, i applicable, speciying the source o the inormation reliedon. I the authorization o the court is necessary, it must appear on the seizingplainti’s sworn statement.

In the seizing plainti’s instructions, the ofciating baili is directed toseize all the deendant’s movable property or only certain specifed movablesor immovables. The baili notifes the notice o seizure to the deendant alongwith the seizing plainti’s sworn statement.

524. I a seizure beore judgment is carried out beore notifcation o theoriginating demand, the seizing plainti must fle the originating demand with



the court and notiy it to the deendant within fve days ater the notice o seizure is notifed.

525. The deendant has fve days ater the notice o seizure is notifed todemand that the seizure be quashed on the ground that the allegations in theseizing plainti’s sworn statement are insufcient or alse. I this ground isound to be valid, the court can quash the seizure; i not, it can revise itsscope.

526. The deendant can prevent the removal o property, be released romthe seizure or recover seized property by giving the baili sufcient security.I the baili reuses the security oered, the deendant can ask the court or adecision.

DIVISION II

SEQUESTRATION

527. The court, even on its own initiative, can order the sequestration o disputed property i it considers it necessary to preserve the rights o the partiesin the property. When ordering sequestration, the court designates thesequestrator or convenes the parties to appear beore it on a specifed date tochoose the sequestrator.

I an appeal has been initiated, the court o frst instance can ordersequestration.

528. The sequestrator takes an oath beore the court clerk to preserve theproperty as appointed depositary, and is placed in possession o the propertyby a baili who draws up minutes describing the property that are authenticated

by the baili and the sequestrator.

529. The sequestrator is bound by all the obligations o conventionalsequestration, unless the court decides otherwise.

The costs and remuneration o the sequestrator are taxed by the court clerk and are owed solidarily by the parties to the dispute, unless the court decidesotherwise.

CHAPTER III

HOMOLOGATION

530. Homologation is approval by a court o a juridical act in the nature o a decision or o an agreement. It gives the homologated act the same orce andeect as a judgment o the court.

The homologating court verifes only the legality o the act and cannot decideits advisability or merits unless a specifc provision empowers it to do so.



A demand or homologation is presented beore the court on the date specifedin the attached notice o presentation. The presentation date cannot be less thanfve days ater notifcation o the demand.

CHAPTER IV

JUDICIAL REVIEW

DIVISION I

GENERAL RULES

531. In a judicial review, the Superior Court can, depending on the subjectmatter,

(1) declare inapplicable, invalid or inoperative a provision o a law o theParliament o Québec or the Parliament o Canada, a regulation or by-law madeunder such a law, an order in council, a minister’s order or any other rule o law;

(2) evoke, on the application o a party, a case pending beore a court ortribunal other than the Court o Appeal, or review or quash a judgment renderedby such a court or tribunal or a decision made by a person or body answerableto the Parliament o Québec, i the court, tribunal, body or person acted without

jurisdiction or in excess o jurisdiction, or i the procedure ollowed was aectedby some gross irregularity;

(3) direct a person holding an ofce within a public body, within a legalperson or within an association within the meaning o the Civil Code to perorman act which by law he or she is required to perorm, provided the act is noto a purely private nature; or

(4) dismiss a person who, without right, is occupying or exercising a publicofce or an ofce within a public body, within a legal person or within anassociation within the meaning o the Civil Code.

532. Except in cases o lack or excess o jurisdiction, judicial review isavailable only i the judgments o the court or tribunal or the decisions o thepublic body cannot be appealed or contested.

An application or judicial review must be served within a reasonable timeater the act or the act giving rise to it.

533. An application or judicial review is presented beore the court on thedate specifed in the attached notice o presentation. The presentation datecannot be less than 15 days ater service o the application. The judicial reviewis conducted by preerence.

Unless the court decides otherwise, an application or judicial review doesnot stay proceedings pending beore the other court or tribunal or the execution



o the judgment or decision under review. I necessary, the court orders thatthe exhibits it specifes be sent without delay to the court clerk.

A review judgment that rules in avour o the demanding party is served onthe parties i it orders that an act be perormed or rerained rom.

534. At any time ater a notice o appeal has been fled, an appellate judgecan order a stay o any proceeding whose execution is not stayed by theappeal.

DIVISION II

SPECIAL RULES APPLICABLE TO USURPATION OF OFFICE

535. On removing the deendant rom ofce, the court, on request, canconer the ofce on a person who has a right to the ofce i the acts provingsuch right are set out in the demand or judicial review. The review judgmentcan impose punitive damages on the deendant.

536. I the review judgment is based on the ground that the deendant mayhave committed a criminal oence, it is eective immediately despite an appeal.Nevertheless, the ofce is only deemed to be vacant as o the day on which the

judgment becomes fnal, unless it is vacated at an earlier time or anotherreason; in the meantime, the deendant is not entitled to the benefts attachedto the ofce.

In the case o an ofce held by a member o the council o a municipalitythat is subject to Title I o the Act respecting elections and reerendums inmunicipalities (R.S.Q., chapter E-2.2), the eects o provisional execution o the judgment are specifed by that Act.

537. The person on whom the court coners the ofce can exercise it atertaking the required oath and giving the required security, and can demand thatthe deendant hand over the property incidental to the ofce. I the deendantreuses, the court can direct a baili to take possession o the property andhand it over to the rightul person.

538. The election o a warden in accordance with section 210.29.2 o theAct respecting municipal territorial organization (R.S.Q., chapter O-9) or o amayor or a municipal councillor cannot be contested under this chapter, exceptor lack o qualifcation.



TITLE II

RECOVERY OF SMALL CLAIMS

CHAPTER I

GENERAL PROVISIONS

539. A demand or recovery o a claim not exceeding $15,000, excludinginterest, is instituted under the rules o this Title i the plainti is acting in hisor her own name and or his or her own account or is acting as administratoro the property o others, tutor or curator or under a protection mandate. Thesame applies to a demand seeking the resolution, resiliation or cancellation o a contract i neither the value o the contract, nor the amount claimed, i any,exceeds $15,000.

A legal person, a partnership or an association cannot act as plainti underthis Title unless, during the 12-month period preceding the demand, not morethan fve persons bound to it by an employment contract were under its directionor control.

540. This Title does not apply to claims arising rom the lease o a dwelling,demands or support, deamation proceedings or class actions.

Nor does it apply to demands brought by persons, partnerships or associationson the basis o a claim assigned to them in return or payment. However, adebtor who would qualiy to act as plainti under this Title can ask that thecase be reerred or processing under this Title.

541. A plainti can reduce the demand voluntarily to an amount notexceeding $15,000, but cannot divide a claim exceeding that amount into two

or more claims o a lesser amount, under pain o dismissal o the demand.

However, a plainti is not deemed to have divided a claim i it arises roma credit contract providing or repayment by instalments or rom a contractinvolving the sequential perormance o obligations, such as a lease, anemployment contract, a disability insurance contract or other similar contract,provided the demand does not exceed $15,000.

542. Two or more creditors can join in the same demand i their claimshave the same juridical basis or raise the same points o law and act, providedeach o the claims does not exceed $15,000. The court can separate the demandsat any time.

543. At any time in the course o the proceeding, the court, even on its owninitiative, can take the case management measures it considers appropriate and,i necessary, convene a case management conerence or hear a preliminarydemand and issue any appropriate order.



I the court considers it necessary in order to assess acts relating to thedispute, it can order the parties to seek a joint expert opinion, speciying theapplicable terms; it can also ask a baili to veriy the state o certain premisesor things.

544. When the operability, constitutionality or validity o a provision o alaw or regulation is challenged in court, the court can order that the demandbe reerred to the competent court or be tried under the rules o Book II.

CHAPTER II

REPRESENTATION OF PARTIES

545. Natural persons must sel-represent; they can, however, give theirspouse, a relative, a person connected to them by marriage or civil union or ariend a non-remunerated mandate to represent them. The mandate must be setout in a document identiying the mandatary and signed by the mandator.

The State, legal persons, partnerships and associations can only be representedby an ofcer or employee exclusively in their service.

Despite the Charter o human rights and reedoms, lawyers or collectionagents cannot act as a mandatary except to recover ees owed to the partnershipo which they are a member. By way o exception, i a case raises a complexlegal issue, the court, on its own initiative or on a party’s request, ater obtainingthe consent o the chie judge o the Court o Québec, can authorize the partiesto be represented by lawyers. In such a case, except or parties not eligible asplaintis under this Title, the ees and costs o lawyers are borne by the Ministero Justice and cannot exceed those set in the tari o ees established by theGovernment under the Legal Aid Act (R.S.Q., chapter A-14).

Both natural persons and legal persons can consult a lawyer, including orthe purpose o preparing the presentation o their case.

CHAPTER III

PROCEDURE

DIVISION I

INSTITUTION OF DEMAND, AND DEFENCE

546. The parties can inquire with the court ofce or inormation on theconduct o the proceeding and the execution o the judgment and, morespecifcally, on key procedural steps and the rules governing the disclosure o exhibits and the production o evidence. I necessary, the court clerk assiststhe parties in preparing pleadings or completing the orms placed at theirdisposal, but cannot give them legal advice.



547. The demand must set out the acts on which the claim is based, thenature o the claim, the amount o the claim and interest and the conclusionssought, and must list the supporting exhibits. It must also state the plainti’sname and domicile or residence and, i applicable, those o the plainti’smandatary, as well as the deendant’s name and last known place o residence.The demand must also speciy whether the plainti might consider settling thematter out o court or taking part in a mediation process.

I the plainti is a legal person, a partnership or an association, the demandmust contain a declaration that not more than fve persons bound to it by anemployment contract were under its direction or control at any time during the12-month period preceding the demand.

548. I the demand is admissible, it is fled with the court along with theexhibits, which opens the court record. I the demand is not admissible, thecourt clerk notifes a notice so inorming the plainti and speciying that thedecision can be reviewed by the court i the plainti so requests within 15 daysater the notifcation.

The demand is fled with the exhibits and a list o the exhibits. In all instances,originals not fled with the demand can be produced on the day o thehearing.

I a demand is fled with the court o the plainti’s domicile or residence oro the place where the plainti has an establishment, the court clerk can orwardit to the court having territorial jurisdiction.

549. The court clerk notifes the demand to the deendant together with anotice setting out the options available to the deendant and the list o exhibitsor, i available, scanned images o the exhibits.

The notice must be in the orm determined by the Minister o Justice andstate that i the deendant ails to indicate the option chosen to the court clerk within 20 days ater the notifcation, judgment can be rendered against thedeendant without urther notice or extension.

550. The options available to the deendant are the ollowing:

(1) to pay the amount claimed to the court, or to pay the amount directly tothe plainti and send the proo o payment or acquittance obtained rom theplainti to the court;

(2) to reach a settlement with the plainti and send a document containingthe settlement agreement to the court; or

(3) to deend on the merits and so inorm the court, speciying the groundsor the deence.

In addition, a deendant who chooses to deend on the merits can



(1) request that the dispute be reerred to mediation or that a settlementconerence be convened;

(2) request that the demand be dismissed, that the case be reerred to another judicial district or to the competent court or administrative tribunal, or that thecase be tried by the same court but under the rules o Book II, speciying thegrounds or the request;

(3) request the orced intervention o a third person as a co-deendant or animpleaded party, in order to assert a demand in warranty against that personor allow the ull resolution o the dispute, in which case the deendant inormsthe court clerk o the person’s name and last known address;

(4) make a cross-demand against the plainti to assert a claim arising romthe same source as the principal demand or rom a related source, provided theamount o the cross-demand would make it admissible under this Title; or

(5) make a tender and deposit the amount tendered with the court or witha trust company.

551. I the deendant pays the plainti, the court clerk closes the record;i the parties reach a settlement and one o the parties so requests, the courtclerk confrms the settlement agreement as a judgment.

I the deendant requests reerral o the case, the court clerk so inorms theplainti, speciying that the plainti has 10 days ater being so inormed tomake representations in writing. On the expiry o that time, the court clerk submits the request and any representations to the court. I the request is oundby the court to be well-ounded, the court clerk sends the record to the courthaving jurisdiction.

552. I the deendant chooses to deend on the merits, the grounds or thedeence and the supporting exhibits must be fled with the court. The courtclerk notifes the deence to the plainti along with a list o the supportingexhibits. I no deence grounds are fled, the court clerk directs the deendantto fle such grounds within 10 days, speciying that ailure to do so will resultin the deendant being considered in deault or ailure to deend.

553. The deendant, regardless o the number o employees in the deendant’semploy, can make a cross-demand to assert a claim against the deendant arisingrom the same source as the principal demand or rom a related source, providedthe amount claimed does not exceed $15,000, or to request the resolution,

resiliation or annulment o the contract on which the demand is ounded.Supporting exhibits must be fled with the court by the deendant. I the cross-demand is not admissible as a small claim, the court clerk notifes a notice soinorming the deendant and speciying that the decision can be reviewed bythe court i the deendant so requests within 15 days ater the notifcation.



554. I the deendant requests the intervention o another person, the groundsor the intervention and the supporting exhibits must be fled with the court.The court clerk so inorms the plainti and serves the originating demand andthe deence on the intervenor, speciying that the intervenor’s attendance isrequired on the deendant’s request. The court clerk also inorms the intervenor,as i the latter were a deendant, o the options available and the applicabletime limits.

555. I the deendant is in deault or ailure to deend, the special clerk renders judgment on the ace o the demand and the exhibits fled in the recordor, i he or she considers it necessary, ater hearing the plainti’s evidence.

556. A deendant being sued under Book II can request that the case beheard under this Title i the deendant would qualiy as a plainti under thisTitle.

The request is presented to the clerk o the court seized o the matter, at anytime beore the case is set down or trial and judgment. I the request is ound

to be admissible, the court clerk notifes the decision to the plainti and thelatter can, within 15 days ater the notifcation, request a review o the decisionby the court seized o the matter. The court clerk, at the same time, gives thedeendant notice to fle a deence and the supporting exhibits. In the absenceo a review, the court clerk transers the record so that the case may be continuedunder this Title.

DIVISION II

SUMMONING OF PARTIES AND WITNESSES

557. Once the case is ready, at least one month but at the most three months

beore the scheduled hearing date, the court clerk notifes a summons to thehearing to the plainti and to the other parties that have fled a deence.

The summons mentions that a party can, on request, examine and obtain acopy o the exhibits and the documents fled with the court by the other parties.It also inorms the parties that any other documents not yet fled must be fledat least 30 days beore the scheduled hearing date, and that any person mandatedto represent the plainti must fle the mandate with the court.

The summons reminds the parties that they must bring their witnesses to thehearing, but that a witness’s attendance at court can be replaced by writtentestimony, and that they have 15 days ater receipt o the summons to give the

court clerk the names o any witnesses they wish to have summoned or to flethe statements o any witnesses who will not be attending at court. The summonsurther reminds the parties that, i the judge considers that a witness wasneedlessly summoned and required to attend at court, they can be made to bearthe related legal costs.



561. I, at the time set or the hearing, a party or the parties are absent, thecourt can either postpone the hearing or render a judgment on the basis o theevidence oered.

562. At the hearing, the court instructs the parties summarily as to theapplicable rules o evidence and the procedure it considers appropriate. At the

invitation o the court, the parties state their allegations and call their witnesses.The court examines the parties and the witnesses and provides air and impartialassistance to each o them so as to bring out the substantive law and ensurethat it is carried out.

The deendant or an intervenor can raise any ground o deence and, i appropriate, propose terms o payment.

The court can accept the production o any document, even though theprescribed fling time has expired.

At the end o the hearing, the court identifes the witnesses to whom

compensation is payable under the taris in orce.

563. The court attempts to reconcile the parties i circumstances permit.

I the parties reach a settlement, the court clerk draws up minutes in whichthe settlement agreement is recorded. Once signed by the parties and confrmedby the court, the settlement agreement is equivalent to a judgment. I nosettlement is reached, the court continues to hear the matter.

564. I, within 15 days ater notifcation o the summons, a party fles adeponent’s statement with the court as actual or expert evidence, the courtclerk notifes the statement to the other party. I it considers it necessary, the

other party can request the court clerk to summon the deponent.

DIVISION V

JUDGMENT

565. As soon as the judgment has been signed, the court clerk notifes acertifed copy to each party; a notice is also notifed to the debtor stating thatsince the judgment has been rendered against that person, ailure to settle theoutstanding claim within the time limits prescribed by this Code can result inthe person’s property, including income and investments, being seized and, i applicable, sold by judicial sale.

566. The judgment cannot be appealed.

No judgment or proceeding relating to a small claim is open to judicialreview except on the ground o lack or excess o jurisdiction.



567. The court can order the execution o a judgment within a time limitother than those prescribed by Book VIII and, or instance, authorize earlierexecution o the judgment i the creditor establishes, in a sworn statement, aact that would justiy a seizure beore judgment.

The court can also authorize the debtor to settle the outstanding claim bymeans o instalments to be paid to the creditor in accordance with specifedterms. The debtor loses the beneft o the term on deaulting on an instalmentand ailing to remedy the deault within 10 days.

568. The court clerk can assist in the execution o a judgment i the creditoris a natural person.

I incidental demands are fled in relation to execution o a judgment, thecourt clerk inorms the other parties without delay and, i applicable, the baili,and summons the parties to a hearing on a specifed date.

I the value o the property that is subject to an execution proceeding exceeds

$15,000, the court can order that the matter be transerred to the court that iscompetent to deal with claims in that amount, or continuation o the executionproceeding.

569. The judgment execution costs that can be claimed rom the debtor areset out in the taris applicable under this Title.

570. A party against which a deault judgment has been rendered who wasunable to deend on the merits in a timely manner or attend the hearing owingto raud, surprise or any other cause considered sufcient can apply or therevocation o the judgment. A party can also demand a revocation in any othercircumstances that can give rise to a revocation under Book IV.

The application or revocation must set out the grounds justiying therevocation and be fled with the court within 30 days ater the party becomesaware o the judgment, provided not more than six months have elapsed sincethe date o the judgment. I the grounds appear sufcient, the court can suspendmeasures to orce execution o the judgment. The court clerk then summonsthe parties so that they can be heard on the application or revocation and, i warranted, on the merits o the dispute.

CHAPTER IV

MISCELLANEOUS PROVISIONS

571. Pleadings cannot be accepted by the court clerk unless the fling eeprescribed under the applicable tari o court costs and ees is paid. However,a person who provides proo o being a recipient under a social assistance orsocial solidarity program established under the Individual and Family AssistanceAct is exempted rom payment o the fling ee.



I a pleading is reused, the amount paid to the court is reunded.

572. The Government can make regulations establishing

(1) a tari o court costs and ees or the fling or presentation o demandsand pleadings under this Title and or the execution o judgments, as well asa tari o baili’s ees payable by the debtor;

(2) a tari o ees payable to certifed mediators by the mediation service,and the maximum number o sessions or which a mediator can be paid eesin relation to the same demand; and

(3) the special rules and obligations with which certifed mediators mustcomply in the exercise o their unctions, as well as the penalties applicableor non-compliance.

TITLE III

SPECIAL RULES FOR CLASS ACTIONS

CHAPTER I

INTRODUCTORY PROVISIONS

573. A class action is a procedural means enabling one member o a classo persons (“representative plainti”) to act as plainti, without a mandate, onbehal o all the members o the class.

In addition to natural persons, a legal person established or a private interest,a partnership or an association can be a member o a class. It can itsel requeststatus as representative plainti i the director, partner or member it designatesis a member o the class on behal o which it is seeking to institute a classaction, and the designee’s interest is related to the objects or which it wasconstituted.

574. As soon as a demand or authorization to institute a class action isfled, the chie justice, unless he or she decides otherwise, assigns a judge asspecial case manager and to hear all procedural matters relating to the classaction. The chie justice can assign a judge despite there being grounds or the

judge’s recusation provided the chie justice considers the situation does notgive cause to call the judge’s impartiality into question.

Ater considering the interests o the parties and the class members, the chie justice can determine the district in which the class action is to proceed.

575. A central registry o class actions is kept at the Superior Court underthe authority o the chie justice. Demands or authorization to institute a classaction and the ensuing class actions, as well as any other documents specifedin the chie justice’s instructions, are entered in the registry.



CHAPTER II

AUTHORIZATION TO INSTITUTE CLASS ACTION

576. Prior authorization o the court is required or a class member toinstitute a class action.

The demand or authorization must state the acts on which it is based andthe nature o the class action, and describe the class on whose behal the classmember intends to act. It is served on the person against whom the class memberintends to bring the class action, with at least 30 days’ notice o the presentationdate.

A demand or authorization can only be contested orally, and the court canallow relevant evidence to be submitted.

I the subject matter o the class action is the same as or similar to the subjectmatter o a multi-jurisdictional class action that includes class members inQuébec, the demand or authorization and notice must be notifed, i the court

considers it necessary, to the representative plainti in the multi-jurisdictionalclass action.

577. The court authorizes the class action and appoints the class memberit designates as representative plainti i it is o the opinion that

(1) the claims o the members o the class raise identical, similar or relatedissues o law or act;

(2) the acts alleged appear to justiy the conclusions sought;

(3) the composition o the class makes it difcult or impracticable to apply

the rules or mandates to sue on behal o others or or joinder o demands;and

(4) the class member the court has decided to appoint as representativeplainti is in a position to adequately represent the class members.

578. The judgment authorizing a class action describes the class whosemembers will be bound by the class action judgment, appoints the representativeplainti and identifes the common issues to be dealt with and the conclusionssought. It describes any subclasses created, as or class members who areresident outside Québec, and determines the district in which the class actionis to be instituted.

The authorization judgment orders the publication o a notice to classmembers or, i all the class members are known, the notifcation o the noticeto them; i circumstances permit, it can also require the setting up o a websiteto keep class members inormed about the proceeding.



The authorization judgment also determines the date ater which a classmember can no longer opt out o the class. The time or opting out cannot beshorter than 30 days or longer than six months ater the date o the notice toclass members. This time limit is a strict time limit, although a class member,with leave o the court, can opt out ater its expiry ater proving that it wasactually impossible or the class member to act sooner.

579. The court cannot reuse to authorize a class action on the sole groundthat the class members are party to a multi-jurisdictional class action alreadyunderway outside Québec.

However, i the court is convinced that another court is in a better positionto decide the issues raised and that the rights and interests o the class membersresident in Québec are being properly taken into account, it can suspend theexamination o the demand or authorization, the time limit or fling theoriginating demand or the conduct o the class action until a judgment isrendered by that other court or a transaction is made or a settlement isreached.

I a multi-jurisdictional class action has been instituted outside Québec, thecourt, in order to protect the interests o the class members resident in Québec,can disallow the discontinuance o a demand or authorization, or authorizeanother plainti or representative plainti to institute a class action involvingthe same subject matter and the same group i it is convinced that the classmembers’ interest would thus be better served.

580. A judgment authorizing a class action cannot be appealed. A judgmentdenying authorization can be appealed as o right by the person who fled thedemand or authorization or, with leave o the Court o Appeal, by a membero the class on whose behal the demand or authorization was fled.

The appeal is heard and decided by preerence.

CHAPTER III

NOTICES

581. When a class action is authorized, a notice is published or notifed tothe class members

(1) describing the class and any subclass;

(2) setting out the principal common issues to be dealt with and theconclusions sought;

(3) stating the representative plainti’s name, contact inormation or therepresentative plainti’s lawyer and the district in which the class action is toproceed;



(4) stating that class members have the right to intervene in the classaction;

(5) stating that class members have the right to opt out o the class actionand speciying the procedure and time limit or doing so;

(6) stating that no class member other than the representative plainti oran intervenor can be required to pay legal costs arising rom class action;and

(7) providing any additional inormation the court considers appropriate,including the address o the website or the central registry o class actions.

582. A member o a class or subclass who wishes to opt out o a class actionmust so inorm the court clerk beore the time or doing so has expired. Aperson who has opted out is not bound by any judgment on the representativeplainti’s demand.

A class member who does not discontinue an originating demand havingthe same subject matter as the class action beore the time or opting out hasexpired is deemed to have opted out o the class action.

583. At any stage o a class action, the court can order a notice to bepublished or notifed to the class members i it considers it necessary or thepreservation o their rights. The notice, which must describe the class and givethe names o the parties, contact inormation or their lawyers and the nameo the representative plainti, must be clear and concise.

The court determines the date, orm and mode o publication o the notice,having regard to the nature o the class action, the composition o the class and

the geographical location o its members. The notice must, by name or adescription, identiy any class members who are to be given notice individually.I the court considers it appropriate, it can authorize the publication o asummary notice.

584. I the Cities and Towns Act (R.S.Q., chapter C-19), the MunicipalCode o Québec (R.S.Q., chapter C-27.1) or a municipal charter requires thesending o a notice o claim as a prior condition to the institution o a classaction, the notice given by one class member is valid or all class members,and insufciency o the notice cannot be urged against the representativeplainti.

CHAPTER IV

CONDUCT OF CLASS ACTION

585. The originating demand in a class action must be fled with the courtnot later than three months ater the class action is authorized, under pain o the authorization being declared lapsed.



I a demand or a declaration o lapse is fled, the representative plainti, oranother class member asking to be substituted as representative plainti, canprevent the authorization rom being declared lapsed by fling an originatingdemand with the court.

586. The deendant cannot urge a preliminary exception against therepresentative plainti unless it concerns a substantial number o the classmembers and pertains to a common issue to be dealt with in the class action.Nor can the deendant request a splitting o the proceeding or fle a cross-demand.

587. The representative plainti must have the authorization o the courtto amend a pleading, to discontinue the demand, to withdraw a pleading or towaive rights arising rom a judgment. The court can impose any conditions itconsiders necessary to protect the rights o the class members.

An admission by the representative plainti binds the class members unlessthe court considers that the admission causes them prejudice.

588. A class member cannot intervene voluntarily or the plaintis exceptto assist the representative plainti or to support the representative plainti’sdemand or claims. The court authorizes an intervention i it is satisfed theintervention is helpul to the class. The court can limit an intervenor’s right tofle a pleading or participate in the trial.

589. A party cannot submit a class member other than the representativeplainti or an intervenor to a pre-trial examination or to a medical examination,nor can a party examine a witness outside the presence o the court. The courtcan make exceptions to these rules i it considers that doing so would be helpulor its determination o the common issues o law or act.

590. The court can at any time, on a party’s request, revise or annul theauthorization judgment i it considers that conditions relating to the issues o law or act or to the composition o the class are no longer satisfed.

I the court revises the authorization judgment, it can allow the representativeplainti to amend the conclusions sought. I circumstances so require, the courtcan also, at any time, even on its own initiative, modiy or divide the class.

I the court annuls the authorization judgment, the proceeding continuesbetween the parties beore the competent court pursuant to the rules o Book II.

591. The representative plainti is deemed to retain sufcient interest toact even i his or her personal claim is extinguished. The representative plainti cannot waive status as such without the authorization o the court. Suchauthorization cannot be given unless the court is able to appoint another classmember as representative plainti.



I the representative plainti is no longer in a position to adequately representthe class members or i his or her personal claim is extinguished, another classmember can ask the court to be substituted as representative plainti or proposesome other class member or that purpose.

A substitute representative plainti continues the proceeding rom the stageit has reached but, with the authorization o the court, can reuse to ratiy actsalready done i they have caused irreparable prejudice to the class members.A substitute representative plainti is not liable or legal costs and otherexpenses in relation to acts done prior to the substitution that he or she has notratifed, unless the court orders otherwise.

592. A transaction, acceptance o a tender, or an acquiescence is valid onlyi approved by the court. Such approval cannot be given unless notice has beengiven to the class members.

In the case o a transaction, the notice must state that the transaction will besubmitted to the court or homologation on the date and at the place indicated.

It must speciy the nature o the transaction, the mode o execution chosen andthe procedure to be ollowed by class members to prove their claim. The noticemust also state that class members have the right to make submissions to thecourt as regards the proposed transaction and the distribution o any remainingbalance. The judgment homologating the transaction determines, i necessary,the terms o its execution.

CHAPTER V

JUDGMENT AND EXECUTION MEASURES

DIVISION I

EFFECTS AND PUBLICATION OF JUDGMENT

593. The judgment on a class action describes the class to which it applies,and is binding on all class members who have not opted out.

Once the judgment has become fnal, the court o frst instance orders thepublication o a notice stating the substance o the judgment and its notifcationto each known class member.

594. I the judgment awards damages or a monetary reimbursement, itspecifes whether members’ claims are to be recovered as shares o an aggregate

award or as individual claims.

595. The court can award the representative plainti an indemnity orexpenses and disbursements and an amount to cover legal costs and his or herlawyer’s ee. Both are payable out o the aggregate award or beore paymento individual claims.



In the interest o the class members, the court verifes whether the ee chargedby the representative plainti’s lawyer is reasonable; i the ee is not reasonable,the court can determine it.

I the Class Action Assistance Fund provided assistance to the representativeplainti, the court hears the Fund beore ruling on the legal costs and the ee.The court disregards whether or not the Fund guaranteed payment o all or anyportion o the legal costs or the ee.

596. I a demand or the homologation o a transaction or the recognitiono a judgment in a oreign class action is presented to the court, the court makessure that the rules o the Civil Code that apply to the recognition and enorcemento oreign decisions have been complied with and that the notices given inQuébec in connection with the class action were sufcient.

The court must also make sure that the terms governing how Québec residentsare to exercise their rights meet the requirements imposed in class actionsbrought beore a Québec court, that Québec residents can exercise their rights

in Québec in accordance with the rules applicable in Québec and that, in thecase o an aggregate award, the remittance o any undistributed part o theaward to a third person will be decided by a Québec court insoar as the Québecresidents’ share o the award is concerned.

DIVISION II

AGGREGATE AWARD

597. The court makes an aggregate award or all class members i theevidence allows a sufciently precise determination o the total claim amount.The amount o the aggregate award is determined without regard to the identity

o individual class members or the exact amount o their respective claims.

Ater determining the amount o the aggregate award, the court can orderthat the award be deposited in its entirety, or according to the terms it specifes,in a fnancial institution carrying on business in Québec; the interest on theamount deposited accrues to the class members. The court can reduce theamount o the aggregate award i it orders an additional orm o redress, or canorder redress appropriate to the circumstances instead o a monetary award.

I execution measures prove necessary, instructions are given to the baili by the representative plainti.

598. I the court makes an aggregate award, it provides or individualliquidation o the class members’ claims or or distribution o a share to eachclass member. I, in the court’s opinion, such liquidation or distribution isinappropriate or too costly, the court can order that an amount be remitted toa third person it designates.



Beore deciding to remit an amount to a third person, the court hears theparties’ representations, the Class Action Assistance Fund and any other personwhom the court considers has a relevant opinion.

599. I the judgment provides or individual liquidation o the classmembers’ claims or or distribution o a share to each class member, the courtdesignates a person to carry out the operation, gives the person the necessaryinstructions, including instructions as to proo and procedure, and determinesthe person’s remuneration.

The court disposes o any undistributed amount in the same manner as whenit remits an amount to a third person, unless the judgment is against the State,in which case the undistributed amount is paid into the Consolidated RevenueFund.

600. The liquidation, distribution or remittance o an amount recoveredunder an aggregate award is eected ater payment, in the ollowing order,o

(1) the legal costs, including the cost o notices and the remuneration o athird person designated to carry out the liquidation or distribution;

(2) the ee o the representative plainti’s lawyer, to the extent determinedby the court; and

(3) the representative plainti’s expenses and disbursements, to the extentdetermined by the court.

DIVISION III

INDIVIDUAL CLAIMS

601. A judgment ordering the recovery o individual claims specifes whatissues remain to be decided in order to determine individual claims, and setsout the content o the judgment notice to the class members, which must includeexplanations as to those issues and as to the inormation and documents to befled in support o an individual claim. The court also determines any otherinormation to be included in the judgment notice.

Within one year ater the publication o the notice, class members must fletheir claim at the ofce o the court in the district where the class action washeard or in any other district the court specifes.

602. The court determines the class members’ claims or orders the courtclerk to determine them according to the procedure it establishes. The courtcan establish special modes o proo and procedure or such purpose.



603. At the hearing on an individual claim, the deendant can urge againsta claimant a preliminary exception that this Title did not permit against therepresentative plainti.

DIVISION IV

APPEAL

604. The judgment disposing o a class action can be appealed as o right.

I the representative plainti does not initiate an appeal or i the appeal isdismissed on the grounds that it was not properly initiated, a class membercan, within two months ater the publication or notifcation o the judgmentnotice, ask the Court o Appeal or leave to be substituted as representativeplainti in order to appeal the judgment.

The time limit in this article is a strict time limit.

605. The appellant asks the court o frst instance to determine the contento the notice to be given to the class members.

606. I the Court o Appeal grants the representative plainti’s demand,even in part, it can order the matter reerred back to the court o frst instanceor execution o the aggregate award or or determination o individualclaims.

BOOK VII

PRIVATE MODES OF DISPUTE PREVENTION AND RESOLUTION

TITLE I

INTRODUCTORY PROVISIONS

607. Parties that agree to negotiate must take care to properly defne theissues in dispute and identiy their respective needs and interests, and mustcome to an agreement on the inormation to be exchanged by them so they canprevent or resolve the dispute. They must also undertake to present a proposalor a solution and to veriy whether it is compatible with the needs and interestso the other party.

608. Third persons, including mediators and arbitrators, who intervene toassist parties in preventing or resolving a dispute or to decide a dispute cannotbe prosecuted or acts perormed in the exercise o their unctions, unless theyacted in bad aith or committed a gross or intentional ault.

609. A mediator, an arbitrator or another third person who assists partiesto a dispute can provide inormation or research or statistical purposes or in



connection with a general evaluation o the dispute prevention and resolutionprocess or its results without it being a breach o their duty o condentiality,provided no nominative inormation is disclosed.

TITLE II

MEDIATION

CHAPTER I

ROLES AND DUTIES OF PARTIES AND MEDIATOR

610. A mediator is designated directly or through a third person by mutualagreement o the parties.

The mediator assists the parties in dening the issues in dispute, identiyingtheir needs and interests, engaging in dialogue and exploring solutions in orderto reach a mutually satisactory agreement. On the parties’ request, the mediator,together with the parties, can develop a proposal or preventing or resolving

the dispute.

The mediator must disclose any confict o interest or any situation that maybe seen to create a confict o interest or give rise to doubts about his or herimpartiality.

611. The mediator or mediation participants cannot be compelled to disclosein arbitration, administrative or judicial proceedings, whether or not they arerelated to the dispute, anything they heard or learned o during the mediationprocess. Nor can the mediator or mediation participants be compelled to producea document prepared or obtained during the mediation process, unless the lawrequires its disclosure or there is a threat to human lie, saety or personalintegrity. The mediator can produce such a document, however, to deendagainst a claim o misconduct. No inormation given or statement made duringthe mediation process can be admitted in evidence in arbitration, administrativeor judicial proceedings, whether or not they are related to the dispute.

To invoke non-compellability, the mediator must have received training roma body recognized by the Minister o Justice. In addition, the mediator mustbe governed by rules o proessional conduct and be obliged to take out civilliability insurance or provide some other orm o security to cover injury tothird parties.

612. Despite the Act respecting Access to documents held by public bodiesand the Protection o personal inormation (R.S.Q., chapter A-2.1), no one has

a right o access to a document contained in the mediation record, and no onecan object to the use o a document during a mediation on the ground that itmay contain nominative inormation.

613. Participation in a mediation does not entail a waiver o the right to actbeore the courts. However, the parties can undertake not to exercise this right



in connection with the dispute during the mediation process, unless it isnecessary or the preservation o their rights. They can also agree to waiveprescription already acquired or to waive the beneft o time elapsed orprescription purposes.

I mediation takes place ater legal action has been brought, the parties mustagree to suspend the proceeding, i possible and i the law or the court seizedo the action permits it, until the mediation is ended.

CHAPTER II

CONDUCT OF MEDIATION

614. A mediation commences, without ormalities, on the day on whichthe parties agree to engage in the mediation process by mutual agreement orat the initiative o one o them. In the latter case, ailure by another party torespond constitutes a reusal to participate in the mediation process.

615. Beore entering into mediation, the parties speciy their undertakingsand expectations; the mediator inorms the parties o the role and duties o amediator, and defnes with them the rules applicable to the mediation and thelength o the mediation process.

The parties must undertake to attend all meetings to which they are calledby the mediator. They can, i all consent, even tacitly, bring persons whosecontribution may be helpul in resolving the dispute. The parties must ensurethat the persons who have authority to transact are present, or that they can bereached at all times to give their consent.

616. The mediator has a duty to treat the parties airly. The mediator must

see that each party has an opportunity to argue its case, and must not tolerateany intimidation or manipulation by a party.

I the mediator fnds that a serious inequality exists between the parties, heor she declares it and, with the parties, determines measures to reduce orminimize the eects o the inequality. I the mediator considers that a proposedagreement is likely to lead to a dispute in the uture or cause serious prejudiceto one o the parties, he or she invites the parties to remedy the situation and,i necessary, to seek advice rom a third person.

The mediator may suspend the mediation at any time, in the interest o theparties.

617. The mediator can communicate with each party separately, but in thatcase must so inorm the parties.

The mediator cannot disclose to a party any inormation relevant to themediation that he or she receives rom the other party without that party’sconsent.



CHAPTER III

END OF MEDIATION

618. A settlement agreement, which must contain specifc undertakings bythe parties, puts an end to the dispute. The agreement constitutes a transactiononly i the subject matter and the circumstances permit and the wishes o the

parties in that respect are clear.

The mediator makes sure that the terms and consequences o the agreementare understood by the parties and correspond to their wishes.

619. A party can decide to withdraw rom or end the mediation at any timeaccording to the party’s own judgment, and can do so without giving any

justifcation.

The mediator can end the mediation i he or she is convinced that it is doomedto ailure or is likely, i continued, to cause serious prejudice to one o theparties.

620. As soon as the mediation ends, the mediator renders an account to theparties o the sums received and determines the costs o the mediation, whichare borne equally by the parties, unless a dierent apportionment has beenagreed or, i the mediation took place while a case was pending, has beenordered by the court.

The costs include the mediator’s ee, travel expenses and other disbursements,as well as the costs o any expert evidence or other interventions agreed by theparties. All other expenses incurred by a party are borne by that party.

CHAPTER IV

SPECIAL PROVISIONS APPLICABLE TO FAMILY MEDIATION

621. Mediation o a amily dispute that is entered into on a purely privatebasis or without a judicial demand being brought must be conducted by amediator certifed in accordance with the regulations under article 624. I applicable, the mediator must inorm the parties that they may participate in aparent and mediation inormation session as provided or in article 414.

I required by the circumstances and with the consent o the parties, themediator can use any appropriate, readily available technological means.

622. Mediation sessions are held in the presence o both parties and amediator or, i the parties agree, two mediators. The sessions can also be held,i all agree, in the presence o a single party or a child, or in the presence o other persons who are neither experts nor advisers i their contribution may behelpul in resolving the dispute.



As soon as the mediation ends, the mediator fles a dated and signed reportwith the Family Mediation Service, and delivers a copy to the parties. Thereport records the presence o the parties and the points, i any, on which anagreement was reached. It contains no other inormation.

623. I the mediator considers that a proposed agreement is likely to leadto a dispute in the uture or cause prejudice to one o the parties or to thechildren, the mediator must invite the parties to remedy the situation and, i necessary, to seek advice rom a third person. The mediator may end themediation i he or she is convinced that the possibility o prejudice cannot beeliminated.

In amily matters, an agreement cannot be considered a transaction.

624. The Government designates the persons, bodies or associations thatcan certiy a mediator in amily matters, and makes regulations determiningthe standards with which they must comply.

The Government can make regulations defning the conditions a mediatormust satisy to be certifed and determining the standards with which certifedmediators must comply in the exercise o their unctions, as well as the penaltiesapplicable or non-compliance.

The Government can also make regulations determining what services arepayable by the Family Mediation Service, setting the tari o ees that theService can pay to a certifed mediator and determining the time limit andprocedure or claiming such a ee and the applicable terms o payment. Inaddition, it can determine the tari o ees the parties can be charged or servicesbeyond those paid by the Family Mediation Service or or services providedby a mediator designated by the Service or by more than one mediator.

The Minister o Justice, by order, determines the conditions subject to whichtechnological means can be used by the Family Mediation Service, and specifesother services the Service can provide as well as the applicable conditions.

TITLE III

ARBITRATION

CHAPTER I

APPOINTMENT AND ROLE OF ARBITRATORS

625. An arbitrator is appointed by mutual agreement o the parties, unlessthey ask a third person to make the appointment. The parties can decide toappoint more than one arbitrator, in which case each party appoints onearbitrator, and the two so appointed appoint the third.

I an arbitrator has to be replaced, the procedure or the appointment o arbitrators applies.



626. The arbitrator decides the dispute in accordance with the rules o lawthat he or she considers appropriate and on the basis o the stipulations o anycontract between the parties and o applicable usage. I warranted, the arbitratorawards damages.

The arbitrator’s role includes attempting to reconcile the parties i circumstances permit. The arbitrator can act as amiable compositeur i theparties have so agreed.

In all cases, the arbitrator must see that the rules o public order are compliedwith.

627. I an arbitrator is unable to carry out the arbitration mandate or ailsto perorm his or her duties within a reasonable time, a party can ask the courtto revoke the appointment.

628. An arbitrator must declare to the parties any ground o recusation towhich he or she is liable.

An arbitrator can be recused i there is serious reason to doubt his or herimpartiality or i he or she does not have the qualifcations agreed by theparties.

629. A party calling or the recusation o an arbitrator must set out thereasons in a document and notiy it to the arbitrator and the other parties or,as applicable, to the other arbitrators within 15 days ater the appointment orater becoming aware o the ground or recusation.

I more than one arbitrator has been appointed, the other arbitrator orarbitrators must rule on the possible recusation unless the arbitrator concerned

withdraws or a party objects to the recusation.

The party calling or the recusation can ask the court to rule on the matterwithin 30 days o being advised that the recusation cannot be so obtained. Thearbitrator concerned and, i there are more than one, the other arbitrators cannonetheless continue the arbitration proceedings and render the award whilethe court ruling is pending.

630. I the appointment process proves difcult, the court, on a party’srequest, can take any necessary measure to acilitate the appointment o anarbitrator. I a party ails to appoint an arbitrator within 30 days ater havingbeen advised by another party to do so, the court can make the appointment.

The court must appoint an arbitrator i, 30 days ater two arbitrators areappointed, they cannot agree on the choice o the third arbitrator.

I the procedure or the revocation o an arbitrator’s appointment or orrecusation o an arbitrator proves difcult to put into practice, a party can ask the court to rule on the matter.



The arbitrator advises the parties o the date o the hearing and, i applicable,o the date on which he or she will inspect the property or visit the premises.The arbitrator can request assistance in gathering evidence.

635. I a party ails to state its claims, appear at the hearing or presentevidence in support o its claims, the arbitrator, ater recording the deault, cancontinue the arbitration.

However, i the party that submitted the dispute to arbitration ails to stateits claims, the arbitration is ended unless another party objects.

636. Witnesses are summoned, compensated and heard according to therules applicable to a trial beore the court.

I, without a valid reason, a person summoned as a witness reuses to attend,to answer or to produce real evidence in his or her possession, a party, withleave o the arbitrator, can ask the court to compel the person to do so.

637. In the exercise o his or her unctions, the arbitrator can render anyinterim decision or any decision to preserve the rights o the parties. Such adecision is binding on the parties, but, i necessary, a party can ask the courtto homologate the decision so it becomes enorceable as a judgment o thecourt.

CHAPTER III

ARBITRATION AWARD

638. The arbitration award must be rendered in writing within three monthsater the matter is taken under advisement, state the reasons on which it is

based and be signed by the arbitrator or, i there is more than one, the arbitrators.In the latter case, i one o the arbitrators reuses or is unable to sign the award,the others record that act, and the award has the same eect as i it were signedby all o them.

An arbitrator is bound to preserve the confdentiality o the arbitration processand keep the deliberations secret but commits no breach o secrecy by statinghis or her conclusions, and the reasons on which they are based, in theaward.

Decisions made during the arbitration process are subject to the same rules.However, i there is more than one arbitrator, one o them, with authorization

o the parties or o all the other arbitrators, can rule alone on questions o procedure.

639. I the parties settle the dispute, the agreement is recorded in anarbitration award.



of the agreement. In the latter case, however, only the irregular provision isnot homologated if it can be dissociated from the rest; or

(6) the award is contrary to public order or would bring the administrationof justice into disrepute. In such a case, the court, even on its own initiative,can decide to refuse to homologate and enforce the award.

644. The court can refuse to homologate an interim or preservation measurefor the same reasons it can refuse to homologate an arbitration award. Thecourt can also refuse to homologate such a measure if the arbitrator’s order toprovide security was not complied with or if the measure was revoked orsuspended by the arbitrator or annulled or suspended by a court competent todo so.

CHAPTER V

SPECIAL PROVISIONS APPLICABLE TO INTERNATIONALCOMMERCIAL ARBITRATION

645. If interests of international trade are involved in an arbitration,consideration may be given, in interpreting this Title, to the Model Law onInternational Commercial Arbitration adopted by the United Nations Commissionon International Trade Law on 21 June 1985, and its amendments.

Recourse may also be had to the following documents related to that ModelLaw:

(1) the Report of the United Nations Commission on International TradeLaw on its eighteenth session held in Vienna from 3 to 21 June 1985; and

(2) the Analytical Commentary on the draft text of a model law oninternational commercial arbitration contained in the report of the Secretary-General to the eighteenth session of the United Nations Commission onInternational Trade Law.

646. Interests of international trade are considered to be involved in anarbitration if, for example, the parties to the arbitration agreement have, at thetime of the conclusion of that agreement, their places of business in differentStates or if the place where they choose to conduct the arbitration is outsidethe State in which they have their places of business; if the place where asubstantial part of the obligations of the commercial relationship is to beperformed, or the place with which the subject matter of the dispute is most

closely connected, is outside the State in which they have their places of business; or if the parties have expressly agreed that the subject matter of thearbitration agreement relates to more than one country.

647. In international commercial arbitration, disputes are arbitrated by threearbitrators. The arbitrators decide the dispute according to the rules of law thatthey consider appropriate, and, if warranted, award damages.



In all cases, the arbitrators decide in accordance with the stipulations o thecontract and on the basis o applicable usage.

CHAPTER VI

ANNULMENT OF ARBITRATION AWARD

648. An arbitration award can only be challenged by way o a demand orits annulment.

The demand must be introduced within three months ater the arbitrationaward, the additional or interpretation award or the decision on a request or acorrection is rendered. This time limit is strict. The demand can be introducedat any time in deence against a demand or homologation.

A demand or the annulment o an arbitration award is subject to the samerules as those governing a demand or the homologation o such an award, withthe necessary modifcations.

649. The court, on a request, can suspend the demand or annulment orthe time it considers necessary to allow the arbitrators to take such action aswill eliminate the grounds or annulment, even i the time prescribed orcorrecting, completing or interpreting the award has expired.

CHAPTER VII

RECOGNITION AND ENFORCEMENT OF ARBITRATION AWARDSRENDERED OUTSIDE QUÉBEC

650. An arbitration award rendered outside Québec, whether or not ratifed

by a competent authority, can be recognized and declared enorceable as a judgment o the court. The same applies or interim or preservationmeasures.

Consideration may be given, in interpreting the rules in this matter, to theConvention on the Recognition and Enorcement o Foreign Arbitral Awardsadopted by the United Nations Conerence on International CommercialArbitration at New York on 10 June 1958.

651. A demand or recognition and enorcement o an arbitration award isbrought beore the court that would have had competence in Québec to rule onthe dispute submitted to the arbitrator.

The arbitration award and the arbitration agreement, both authenticated byan ofcial representative o the Government o Canada, by a delegate-general,delegate or head o post o Québec posted outside Québec, or by the governmentor a public ofcer o the place where the award was made, must be fled in therecord.



652. The court examining a demand for recognition and enforcement of anarbitration award or of an interim or preservation measure cannot review themerits of the dispute.

However, a party against whom an arbitration award or an interim orpreservation measure is invoked can oppose its recognition and enforcement byestablishing that

(1) one of the parties did not have the capacity to enter into the arbitrationagreement;

(2) the subject matter of the dispute is not one that can be resolved byarbitration in Québec or the arbitration agreement is invalid under the lawselected by the parties or, failing any indication in that regard, under the law of the place where the arbitration award was rendered or the measuredetermined;

(3) the appointment of the arbitrator or the arbitration procedure was not in

accordance with the arbitration agreement or, failing such an agreement, withthe law of the place where the arbitration was held;

(4) the party against whom the award or the measure is invoked was not givenproper notice of the appointment of the arbitrator or of the arbitration proceedings,or was otherwise unable to present its case;

(5) the award deals with a dispute not referred to in or covered by thearbitration agreement, or contains a conclusion on matters beyond the scope of the agreement. In the latter case, however, if the irregular provision can bedissociated from the rest, the other provisions can be recognized and declaredenforceable;

(6) the arbitration award has not yet become binding on the parties or hasbeen annulled or suspended by a competent authority of the place where or underwhose law the arbitration award was made; or

(7) the award or measure is contrary to public order or would bring theadministration of justice into disrepute. In such a case, the court, even on itsown initiative, can decide to refuse to homologate and enforce the award.

The court can also refuse to recognize an interim or preservation measureif the arbitrator’s order to provide security was not complied with or if themeasure was revoked or suspended by the arbitrator.

653. The court can postpone its decision in respect of recognition andenforcement of an arbitration award if a demand for the annulment or suspensionof the award or the interim or preservation measure is pending before thecompetent authority.



I the court postpones its decision, it can, on the request o the party demandingrecognition and enorcement o the award, order another party to providesecurity.

BOOK VIII

EXECUTION OF JUDGMENTS

TITLE I

PRINCIPLES AND GENERAL RULES

CHAPTER I

GENERAL PROVISIONS

654. Judgments, including decisions o an administrative tribunal or a publicbody fled with the court and juridical acts on which the law coners the orceo a judgment, are executed by the payment o money, the surrender o property

or the perormance o an act as ordered, beore the expiry o the time limitsprescribed by law, set out in the judgment or agreed between the parties.

Execution can be orced i the debtor reuses to comply voluntarily and the judgment has become fnal. However, i a deault judgment is renderedollowing the deendant’s ailure to answer the summons or to deend on themerits, its execution can be orced 10 days ater it is rendered.

A judgment that has yet to become fnal can be executed i the law permitsor the court orders its provisional execution.

655. Ater the judgment, the court can make any order to acilitate execution,

whether orced or voluntary, in the manner most advantageous to the partiesand most appropriate to their interests.

656. Any demand, contestation or opposition with respect to executionmust be presented beore the court that rendered the judgment as i it were ademand in the course o a proceeding. It must be heard and decided withoutdelay.

It can also be presented without ormality i the person presenting it wouldbe eligible to bring a demand under the rules o Title II o Book VI. In thatcase, the rules o representation applicable under that Title also apply withrespect to execution.

657. Acts necessary or the purpose o executing a judgment are perormedby a court baili acting as court ofcer under the authority o the court.



CHAPTER II

PROVISIONAL EXECUTION

658. A judgment is provisionally executed as o right, i the judgment

(1) grants an alimentary pension or allowance, determines arrangements

regarding the custody o children or adjudicates on parental authority;

(2) orders the return o a child to a parent under the Act respecting the civilaspects o international and interprovincial child abduction;

(3) appoints, removes or replaces a tutor, curator or other administrator o the property o others, or revokes a protective mandate;

(4) orders, in the absence o a lease, urgent repairs or eviction;

(5) orders an accounting, an inventory or any measure or the liquidationo a succession;

(6) adjudicates on the possession or sequestration o property or on animproper use o procedure, or orders a provision or costs; or

(7) rules on legal costs, but only with respect to the portion not exceeding$15,000.

The judge can order the stay o provisional execution by a decision givingreasons. A judge o the Court o appeal can also do so.

659. I bringing the case to appeal is likely to cause serious or irreparableprejudice to one o the parties, the judge, i so requested, can order provisional

execution, even or part only o the judgment. The judge can also makeprovisional execution conditional upon the provision o a surety.

I provisional execution has not been ordered by the judgment itsel, it cannotbe ordered subsequently except on appeal, with or without a surety. A judgeo the Court o appeal can also stay or lit provisional execution i it has beenordered, or order that a surety be provided by a party that was exempted romdoing so by the court o frst instance.



CHAPTER III

VOLUNTARY EXECUTION

DIVISION I

PAYMENT

§1. — General rule

660. A judgment ordering the payment o money is executed voluntarilyby payment o the money to the adverse party at the time and in accordancewith the other terms set by the judgment or agreed between the parties.

§2. — Payment in instalments

661. Payment in instalments is a mode o execution by which the debtorgives an undertaking to the executing baili to make regular payments or thebeneft o the creditor in satisaction o the judgment. The amounts, due datesand other terms o payment are set out in an agreement, which must be approvedby the creditor.

The instalments cannot be spread over more than one year. The debtor can,at any time, waive the beneft o paying in instalments by discharging thebalance.

The instalment payment agreement is fled with the court and recorded inthe execution register, as is any waiver o that mode o payment or oreitureo the beneft o the term.

§3. — Voluntary deposit

662. Voluntary deposit is a mode o execution by which the debtorundertakes by means o a declaration, which is deemed to be sworn, to makeregular payments to the court, which cannot be less than the seizable portiono his or her income, and to give notice without delay to the court clerk o anychange in his or her situation.

The declaration is fled with the court and recorded in the execution register.It contains, in addition to the debtor’s contact inormation and a declaration asto his or her income, amily responsibilities and creditors, a determination o the amount payable and the terms o payment. The time within which anychange must be disclosed and the supporting documents to be urnished by the

debtor are also specifed.

663. The debtor is exempted rom seizure so long as he or she ulfls theundertaking described in article 662, and creditors can neither sue the debtornor seize his or her property. Prescription o their right o action against thedebtor is suspended.



I the debtor ails to ulfl the undertaking, he or she has 30 days to remedythe situation counting rom notifcation o a notice rom the court clerk enjoininghim or her to do so. I in deault, the debtor loses the beneft o the voluntarydeposit provisions unless he or she invokes a serious reason, in which case thecourt clerk can grant a maximum additional extension o 30 days.

The debtor can, at any time, waive the beneft o the voluntary depositprovisions by means o a notice notifed to the court clerk, who records it inthe execution register and inorms the creditors and, i applicable, the baili.

664. The court clerk notifes the debtor’s declaration to the creditorsspecifed in it and invites them, or the purpose o participating in thedistribution, to make representations and fle their claim with the court. Thecourt clerk gives the declared list o creditors to any creditor who requests it.

Creditors are bound to fle their claim within 15 days o notifcation. Theclaim must set out the nature, date and amount o the debt and must includesupporting documents. It is deemed to have been notifed on the date o the

debtor’s declaration.

A creditor who delays in notiying a claim or in fling supporting documentsis only entitled to the amount determined according to the debtor’s declarationuntil the creditor remedies the delay.

665. A creditor or any other interested person can, within 15 days o becoming aware o it, contest the debtor’s declaration. The contestation mustbe notifed to the debtor, the court clerk and, i applicable, the baili.

666. The court clerk distributes the sums collected according to theprovisions on distributing seized income. The court ofce ees and costs are

included in the execution costs.

When the ull amount o a claim has been paid to a creditor, the court clerk notifes a notice o payment to the debtor and the creditor. I the notice is notcontested by the creditor within 15 days o the notifcation, the court clerk can,on request, give an acquittance, certiying on the debtor’s copy o the noticeo payment that it has not been contested.

667. A seizure under the Act to acilitate the payment o support is eectiveeven i the debtor o support avails himsel or hersel o voluntary deposit. Insuch a case, the amount seized under that Act is subtracted rom the amountto be deposited with the court clerk.

668. I a contracting party, an employer or another third person substantiallychanges or ends a contractual relationship with the debtor, the onus is on thatperson to prove that the action was not taken because the debtor consented tovoluntary deposit.



DIVISION II

SURRENDER

669. A judgment ordering the delivery o movable or immovable propertyis executed by the delivery o the movable property or the surrender o theimmovable property so that the party entitled to it can take possession o it.

However, the judgment can provide or another means o surrender.

DIVISION III

SURETYSHIP

670. A judgment requiring a suretyship must set the amount o the surety’sliability and the time within which the surety is to be presented.

671. The judgment is executed by fling with the court a notice presentingthe surety, or stating the intention o the person supplying the suretyship toinstead provide other sufcient security instead and speciying the nature o

that security.

By undertaking to act as surety, the surety agrees to show solvency, to provideinormation on guaranties and on property owned, and to urnish the titles tothat property.

The surety or the other security can be contested i the qualifcations orcharacteristics required by law are not met or i the amount or guaranty providedis insufcient.

672. I the surety is accepted, the suretyship agreement is fled with thecourt and subsists despite a revocation o judgment or an appeal.

DIVISION IV

ACCOUNTING

673. A judgment ordering an accounting is executed within the time set bythe judgment by notiying the account and supporting documents to the partythat demanded the accounting. On such notifcation, the accounting party andits agent can be examined on any act relating to the account, or be requiredto hand over any relevant document.

674. The account is prepared according to generally accepted accountingstandards and the rules o the Civil Code dealing with the administration o property o others. Receivables are considered as income, and the cost o preparing and veriying the account, as expenditure. The legal costs are nottaken into consideration, unless the court so allows.



675. The account is deemed to have been accepted i the party that demandedit has not contested it within 15 days o notifcation. The balance, i any, isthen due.

To contest the account, a party fles its grounds and their justifcation. Thegrounds are deemed valid i, within 10 days o notifcation, the party requiredto account has not fled its grounds and their justifcation. Ater the fling o grounds, the parties proceed to trial.

The judgment with regard to the contestation must determine the precisebalance o the account.

676. Failing voluntary execution, the party that demanded the accountingcan prepare the account and have it set down or judgment. In that case, theparty required to account cannot debate the account but can cross-examine thewitnesses.

CHAPTER IV

FORCED EXECUTION

DIVISION I

GENERAL RULES

677. Forced execution is undertaken by the judgment creditor i the debtordoes not execute the judgment voluntarily.

678. A creditor who wishes to orce execution gives execution instructionsto a baili.

The instructions direct the baili to seize and sell the debtor’s property orto seize the debtor’s income to satisy the claim. The instructions can also directthe baili to place the seizing creditor in possession o property or to evict theperson against whom the judgment has been rendered. The instructions mustcontain the inormation the baili needs to execute the judgment.

The creditor must give the baili, together with the instructions, the moneynecessary or the execution o the judgment.

679. Execution begins by the fling o an execution notice with the courtand in the execution register recognized by the Minister o Justice.

The notice, prepared by the baili on receipt o the creditor’s instructions,contains the text determined by the Minister o Justice or such notices andidentifes the judgment to be executed, stating its date, the name and contactinormation o the creditor, the debtor and the baili and the amount o theclaim. It mentions, i applicable, that the judgment has been partially executed



and describes the execution measures to be taken. I the judgment to be executedconcerns an immovable, the immovable is described in accordance with therules o the Civil Code, and its address is given.

680. All execution measures are set out in a single execution notice. Thenotice can be amended to complete execution i the creditor gives newinstructions or i another creditor commences execution o another judgmentagainst the same debtor. In the latter case, the new creditor must join in theexecution proceedings already commenced and give the creditor’s owninstructions to the executing baili.

The baili fles an amended notice with the court and in the execution register.The notice identifes any creditor joining in the execution proceedings, sets outthe particulars o that creditor’s claim and states any additional executionmeasures deemed appropriate.

DIVISION II

RIGHTS AND OBLIGATIONS OF PARTICIPANTS IN EXECUTIONPROCESS

§1. — General provisions

681. On notifcation o an execution notice, all participants in the executionprocess must act in good aith, cooperate in the proper execution o the judgmentand abstain rom doing anything likely to hinder it.

In addition, bailis and creditors must act in a commercially reasonablemanner in the exercise o their rights and the perormance o their obligations.Debtors must inorm the baili o their patrimonial situation.

682. On notifcation o an execution notice, the debtor must provide thebaili with his or her home and work contact inormation.

The court or the court clerk can, on the baili’s request, order a person toprovide the baili with the inormation the person has on the debtor’s homeand work contact inormation.

The order is enorceable despite any provision to the contrary in a generallaw or special Act providing or the confdentiality or non-disclosure o certaininormation or documents, subject to compliance with proessional secrecy.

§2. — Court bailiffs

683. Bailis have a duty o impartiality towards all participants in theexecution process, as well as a general duty to provide inormation. Bailiscan perorm any act necessary or the exercise o their unctions.



Specifcally, bailis must inorm debtors and any garnishees o the contento the execution notice and o their rights, and, on their request, explain theexecution process to them. Bailis must also carry out the creditors’ instructionsin the manner that is most advantageous not only or them but or all parties.

Bailis cannot be sued or an act perormed in good aith in the exercise o their unctions under this Book.

684. I a baili must use orce to enter a place or the purpose o seizingor removing property or evicting a person, he or she must, beore entering,obtain the authorization o the court clerk. Once inside, the baili has accessto all rooms and property on the premises.

The court can make an order directing police to assist the baili.

685. Bailis have, with respect to seized property, the powers o anadministrator o the property o others charged with simple administration.

The money seized by a baili, paid to a baili under an instalment paymentagreement or derived rom the disposition o property is deposited in a trustaccount until distribution.

DIVISION III

POST-JUDGMENT EXAMINATION

686. When a judgment has become enorceable, the judgment creditor orthe baili can examine the debtor as to his or her income, obligations and debts,the money owed to him or her, any property he or she owns or has owned sinceincurring the obligation that is the basis or the judgment, and the property

aected by the judgment. During the examination, the debtor can be requiredto communicate a document.

The creditor or the baili can also examine any other person capable o giving inormation about the debtor’s patrimony or any rights entered in theland register or the register o personal and movable real rights. I a persondoes not consent to being examined, the creditor or the baili must obtain theauthorization o the court to conduct the examination.

687. The creditor or the baili must inorm the witness to be examined o the nature o the examination and agree with the witness on its time and place.I they cannot agree, the witness is summoned to appear beore the court on

the date specifed in the subpoena, which is notifed to the witness at least fvedays beore that date.

The deposition o the witness being examined is governed by the rulesapplicable to testimony given at trial. It is recorded, unless waived by theparties.



Any difculty arising during the examination o the witness must besubmitted to the court as soon as possible or a decision.

DIVISION IV

RULES APPLICABLE IN EVENT OF DEATH OR INCAPACITY

688. The death o the debtor or the creditor does not interrupt the executiono the judgment.

I the debtor dies beore a seizure is made, the judgment cannot be executedagainst the property o the succession until 10 days ater service o the judgmenton the liquidator, under pain o nullity o the seizure.

I the creditor dies, the judgment can be executed in the creditor’s nameunless it orders the perormance o something that is purely personal to thecreditor.

689. A judgment rendered against the representative o an incapable person,in that capacity, cannot be executed against the incapable person when he orshe has become capable until 10 days ater it has been served on him or her.

A judgment rendered in avour o a representative can be executed in therepresentative’s name, even ater he or she ceases to be a representative.

DIVISION V

SPECIAL RULES APPLICABLE TO FORCED EXECUTION IN REALACTIONS

690. I a party ordered to deliver or surrender property ails to do so withinthe time set by the judgment ordering the eviction o the debtor or the deliveryo property or by a subsequent agreement between the parties, the creditor canbe placed in possession o the property by the execution notice.

I it involves eviction, the notice must be served at least fve days beore itis executed. However, i the debtor is to be evicted rom his or her amilyresidence, the notice must be served at least 30 days beorehand. On the debtor’srequest, the court can extend the notice period by not more than three monthsi eviction would cause the debtor serious prejudice. The notice period cannotbe extended beyond the term o a lease, however.

No eviction can be carried out between 20 December and 10 January.

691. I, on being evicted, a debtor leaves movable property in the immovable,the baili can temporarily leave the property on the premises or store it, at theoption o the seizing creditor. In such a case, the baili notifes a notice to thedebtor ordering the removal o the property within 10 days and payment o thecosts incurred.



On the expiry o that time, the debtor is deemed to have abandoned theproperty and the baili can sell it or the beneft o the creditor, give anyproperty not likely to be sold to a charity or, i it cannot be given, otherwisedispose o it as the baili sees ft.

DIVISION VI

EXEMPTION FROM SEIZURE

692. Debtors have the right to protect rom seizure

(1) the movable property that urnishes or adorns their main residence, andthe personal objects they designate up to a market value o $7,000 as determinedby the baili;

(2) the ood, uel, linens and clothing necessary or the lie o the household,and domesticated pets; and

(3) the instruments o work needed or the personal exercise o theirproessional activities.

Nevertheless, with the exception o the property mentioned in subparagraph 2,the property described in the frst paragraph can be seized and sold or theamounts owed on the sale price, or seized and sold by a creditor holding ahypothec on the property, as applicable.

Any waiver o the exemptions rom seizure is null.

693. A motor vehicle having a market value o less than $10,000 as seizedproperty cannot be seized i it is necessary in order to maintain work income

or an active job search or to meet the basic needs or the health or educationalneeds o the debtor and his or her dependants. Nevertheless, the baili canseize the motor vehicle i he or she considers that the debtor can meet essentialtravel needs by using public transit or another available vehicle.

I the motor vehicle has a market value greater than $10,000 and is necessaryto meet the debtor’s essential travel needs, the debtor can demand that thebaili remit enough money, up to $10,000, rom the sale price or the debtorto purchase another motor vehicle.

A motor vehicle’s exemption rom seizure cannot be invoked against theseller or the hypothecary creditor as regards the amounts owed on the sale

price, nor can it be invoked in the case o a seizure under the Code o PenalProcedure.

694. The ollowing are exempt rom seizure:

(1) consecrated vessels and other things used or religious worship;



(2) amily papers, amily portraits and other amily documents, as well asmedals and other decorations;

(3) books o account, debt securities and other papers in the possession o the debtor, except bonds, promissory notes and other instruments payable toorder or to bearer;

(4) contributions paid or to be paid into a supplemental pension plan towhich an employer contributes on behal o the employees, or into a retirementinstrument;

(5) the capital accumulated or the payment o an annuity or accumulatedin a retirement instrument i the capital has been alienated or is under thecontrol o a third person and satisfes the other prescriptions o law;

(6) things required to meet disability needs or to care or a sick person, andamounts reimbursed to the debtor or costs relating to an accident or illness;and

(7) anything declared unseizable by law.

The ollowing are also exempt rom seizure:

(1) lump sum amounts and compensation, other than income replacementindemnities, paid in execution o a judgment or under a public compensationplan covering costs and losses resulting rom a person’s death or rom bodilyor moral injury; and

(2) property declared by the donor or testator to be exempt rom seizure, i the stipulation is made in an act by gratuitous title and is temporary and justifed

by a serious and legitimate interest. Nevertheless, the property can be seizedby creditors whose claims are subsequent to the git or the opening o thelegacy, with the permission o the court and to the extent it determines.

Up to 50% o the property described in the second paragraph can, however,be seized to execute partition o a amily patrimony, a claim or support or acompensatory allowance, or a judgment ordering the payment o damages orbodily injury caused by an intentional or gross ault.

695. Works o art and other cultural or historical property brought intoQuébec and placed or intended to be placed on public exhibit in Québec areexempt rom seizure i the Government declares them so by order, or the period

specifed in the order. The order comes into orce on its publication in theGazette ofcielle du Québec.

Such exemption rom seizure does not prevent the execution o a judgmentagainst the property, i the property was originally conceived, produced orcreated in Québec, or the execution o a judgment enorcing a service contractrelating to the transportation, warehousing or exhibition o the property.



698. The immovable serving as the principal residence o the debtor canbe seized to execute a claim or support or another claim o at least $20,000,not including legal costs. It can also be seized to execute a claim o any amountsecured by a prior claim or a hypothec on the immovable. In the case o a legalhypothec arising out o a judgment, however, the amount o the claim must beat least $20,000.

699. A decision made by the baili under the exemption rom seizure rulescan be reviewed by way o a demand brought beore the court.

TITLE II

SEIZURE OF PROPERTY

CHAPTER I

GENERAL PROVISIONS

700. A judgment creditor can exercise dierent means o execution at thesame time.

A judgment creditor can seize any movable property o the debtor that is inthe possession o the debtor, in the possession o the creditor or in the possessiono third persons. The creditor can also seize any immovables that belong to thedebtor.

The eect o seizure is to place the property belonging to the debtor under judicial control.

701. Movable property is seized by the baili on the premises where the

property is located. Income or money is seized in the hands o the third personswho owe it to the debtor, through notifcation o the execution notice tothem.

Fruits and other products o the soil that are seized are considered movableproperty even i they are not separated or extracted rom the land.

702. Movable property can be seized between 7 a.m. and 9 p.m. on any dayexcept on a holiday, through service o the execution notice on the debtor andthe garnishee. It can be seized outside those hours with the permission o thecourt clerk obtained inormally and recorded on the execution notice, and evenon a holiday in the event o removal, conveyance or abandonment o the

property.

A seizure not completed at 9 p.m. can be continued without ormality pastthat time i the baili considers it necessary in the interest o the parties.Otherwise, it is continued as soon as possible on the ollowing working days,ater taking the necessary security measures.



703. An immovable is seized through entry o the execution notice in theland register and service o the notice on the debtor. The notice can be servedat the domicile elected by the debtor in the deed o sale or hypothec i he orshe is absent or not easily traceable.

The registrar registers the seizure on notifcation to the registrar o the noticewith proo o service on the debtor.

704. Immovables by virtue o article 903 o the Civil Code, that is, movablesthat are permanently and physically attached or joined to an immovable, canonly be seized with the immovable to which they are attached or joined;however, they can be seized separately by a prior or hypothecary creditor, orby another creditor i they do not belong to the owner o the immovable.

705. A seizure is recorded in minutes prepared by the baili. The minutesmust mention whether or not the debtor was present at the time o the seizure,and contain

(1) mention o the title under which the seizure is made;

(2) the date o the execution notice and the name o the seizing creditor;

(3) the date and time, and the nature, o the seizure;

(4) a description o the property seized; and

(5) the name o the custodian, i any.

In the case o a seizure o movable property, the minutes must also containa list and the market value o the movable property let to the debtor, i the

value o the property seized is insufcient to pay the claim o the seizingcreditor.

The minutes are notifed to the debtor and the seizing creditor, as well as toall creditors having rights in the seized property and to any third personappointed as custodian.

706. Beore seizing movable property o an enterprise, a road vehicle orother movable property which, according to the regulation under article 2683o the Civil Code, can be hypothecated or a group o such items o property,the baili must veriy in the register o personal and movable real rights whetherrights were granted in the property or group o items o property i the baili

estimates its market value to be $2,000 or more.

707. The debtor has 20 days rom the seizure in the case o movable property,and 60 days in the case o immovable property, to sell the seized property. I the debtor waives this right or ails to exercise it within the prescribed time,the baili can sell the seized property.



A sale by the debtor is subject to the approval o the baili, who determineswhether it is commercially reasonable, and to the deposit o the price in thehands o the baili.

In such a case, the baili must notiy a notice o sale to the seizing creditor,all creditors having rights in the seized property and the garnishee, who have10 days to oppose the sale. I no opposition is fled, the sale can be concludedon the expiry o that time.

708. At any time beore the sale o seized property, the debtor can obtainrelease o seizure by paying the amount o the judgment, including executioncosts. I the seizure o certain property causes prejudice to the debtor and i the baili authorizes it, the debtor can also replace the seized property byproperty whose sale will allow ull satisaction o the judgment.

I the debtor obtains release o seizure beore the sale o the property, thebaili attests to the release o seizure on the request o any interestedperson.

CHAPTER II

SEIZURE IN THE HANDS OF THIRD PERSONS

DIVISION I

GENERAL RULES

709. The execution notice notifed to the garnishee directs the garnishee toprepare a document or the baili declaring the amount, nature and terms o the garnishee’s indebtedness to the debtor. The garnishee must provide withthe declaration a detailed statement o the property o the debtor in thegarnishee’s possession, speciying under what title the garnishee holds theproperty. The garnishee must also declare any seizures made in the garnishee’shands.

The declaration is notifed to the seizing creditor and the debtor, who have10 days to contest it. It is registered in the execution register.

710. Seizure makes the garnishee the custodian o the property seized.

On the baili’s request, the garnishee must deliver to the baili the propertyo the debtor in the garnishee’s possession and all documents relating to the

garnishee’s indebtedness toward the debtor. In addition, the seizing creditor orthe baili can expressly require the garnishee to submit to an examination tocomplete the garnishee’s declaration, as i it were a post-judgmentexamination.

711. I the indebtedness o the garnishee is a term debt, the garnishee mustpay the baili at maturity. I it is subject to a condition or to the perormance



o an obligation by the debtor, the seizure is binding until the condition isulflled or the obligation perormed.

712. I the garnishee declares not being indebted to the debtor, and thegarnishee cannot be proved to be so indebted, the garnishee, as well as thedebtor, can obtain a release o seizure rom the baili, with execution costs tobe borne by the seizing creditor.

713. I the garnishee declares that the debtor works or the garnishee withoutbeing paid or or remuneration that is clearly less than the value o the servicesrendered, the baili can ask the court to value the services rendered anddetermine a air remuneration. The demand is presented beore the court atleast fve days ater being notifed to the debtor and the garnishee. Theremuneration determined by the court is deemed to be the remuneration o thedebtor rom the date o the demand until it is shown that the amount should bechanged. The court’s decision cannot be appealed.

714. I the garnishee makes a alse declaration, does not answer questions

or reuses to carry out a seizure o income, the garnishee can be ordered to paythe amount owing to the seizing creditor as though the garnishee were thedebtor.

The garnishee can, however, obtain leave to declare or deposit at any time,even ater judgment, upon payment o the money the garnishee should havewithheld and deposited since the notifcation o the execution notice. In sucha case the garnishee is required to pay all costs resulting rom the garnishee’sdeault.

DIVISION II

GENERAL RULES AS TO SEIZURE OF INCOME

§1. — Seizure of income

715. I income o the debtor is seized, the garnishee must, within 10 dayso notifcation o the execution notice, remit the seizable portion o what thegarnishee owes to the debtor either to the baili i the baili is able to administerit or to the court clerk specifed by the baili.

I the debtor has multiple sources o income, the baili, ater calculatingthe seizable portion o the income, determines the portion that each garnisheemust withhold and remit to the baili. I the sources o income are not easily

ascertainable or are non-recurring, the baili determines, subject to aninstalment payment agreement, the amount the debtor must pay to thebaili.

I the garnishee substantially changes or severs the contractual relationshipwith the debtor whose income has been seized, the garnishee must declare thisto the baili or the court clerk without delay, and it is then incumbent on the



garnishee to prove that the change or severance was not made because o theseizure o income.

The seizure remains binding or so long as the debtor’s sources o incomeare maintained and until all claims fled by the creditors have been paid.

716. I a seizure o income is carried out under a judgment awarding analimentary pension, it applies to payments to become due as well as to arrears,as indexed i applicable. It remains binding until release is given. The sameapplies i the seizure is carried out under the Family Orders and AgreementsExecution Assistance Act (Revised Statutes o Canada, 1985, chapter 4, 2ndSupplement).

Release can be given on the expiry o one year ater the payment o allarrears, i there is no other claim in the record and i execution has not beenstayed. However, release cannot be given i the Minister o Revenue is actingin the capacity o claimant or seizing creditor under the Act to acilitate thepayment o support.

717. I, while a seizure is binding or its execution is stayed, a judgmentordering partition o a amily patrimony, awarding support or a compensatoryallowance or awarding damages or bodily injury caused by an intentional orgross ault operates to change the amount that the garnishee must pay, thebaili or the court clerk, on being inormed o the judgment, must advise thegarnishee, the debtor and the other parties.

§2. — Stay of seizure with regard to support

718. I a judgment awarding support has been executed by the creditor bya seizure o income and there is no other claim in the record, the baili or the

court clerk, on the debtor’s request and once the arrears are paid, can stay theexecution o the seizure i the debtor undertakes to make the payments o support directly to the baili or the court clerk when due and provides sufcientguaranties to secure compliance with that undertaking.

Such a stay can be granted or not less than six months nor more than oneyear. The baili or the court clerk must advise the creditor o support and theother creditors, as well as the garnishee, who then ceases to make deposits.During that period, the baili or the court clerk pays the money received romthe debtor to the creditor o support at least monthly.

719. The baili or the court clerk grants release o seizure i the seizure

does not become enorceable again at the end o the stay.

The seizure becomes enorceable again i the debtor ails to make a paymentwhen due, or i a claim is fled in the record o the debtor by a third person.The baili or the court clerk advises the creditor o support, the other creditorsand the garnishee, who must, within 10 days ater being advised, remit the



723. The seizure o securities or security entitlements to fnancial assetsentails the seizure o the interest, dividends, distributions and other rightsattached.

724. When certifcated securities are seized, the issuer must declare to thebaili the number o securities held by the debtor, the extent to which the

securities are paid up and the interest, dividends or other distributions declaredbut not yet paid.

DIVISION III

SEIZURE OF TECHNOLOGICAL MEDIA

725. On seizing a technological medium, the baili must inorm the debtoror the garnishee, as applicable, o the right to transer any documents he or shewishes to keep rom the seized medium to another medium.

I custody o the seized medium has been entrusted to a third person, the

debtor or the garnishee must advise the baili, within 15 days o the seizure,that he or she will be transerring documents.

The costs o the transer are paid by the debtor or the garnishee, asapplicable.

726. I there is no opposition to the seizure or the opposition has beendismissed, the baili destroys all documents on the medium beore the sale.

I necessary, the baili can be assisted by a specialist. I any o the documentsare covered by proessional secrecy, the baili must be assisted in destroyingthe documents by a representative designated by the proessional order o the

debtor or the garnishee, as applicable.

DIVISION IV

SEIZURE OF PROPERTY IN SAFETY DEPOSIT BOX

727. Property in a saety deposit box is seized through the opening o thebox and the drawing up o minutes o seizure by the baili. The minutes o seizure, which must mention the persons in attendance, the content o the saeand the property seized, are notifed to the creditor and the debtor.

I the baili cannot obtain the debtor’s cooperation in opening the saetydeposit box, the court, on a demand, can authorize the opening o the box inthe manner it determines. The demand is notifed to the debtor and, i applicable,to the lessor and any other lessees o the box. As o the notifcation, the lessoris prohibited rom giving access to the box in the absence o the baili.



DIVISION II

EFFECTS OF OPPOSITION

735. Notifcation o an opposition stays execution.

I, however, the opposition is made solely to obtain a reduction o the amount

claimed or a withdrawal rom seizure o part o the seized property, it does notstay execution. The baili proceeds with execution to satisy the uncontestedpart o the claim or to realize the property against which the opposition is notdirected, unless the court orders a stay o all proceedings.

An opposition made ater the prescribed time and notifed beore the salecannot stop the sale, except i the court so orders on the opposing party showingsufcient cause.

736. An opposition to a seizure o income stays only the distribution o themoney seized. However, i a judgment awarding support is being executed, thedistribution o the income already seized is not stayed unless the court orders

it stayed or exceptional reasons.

737. I the baili has received execution instructions or claims rom twoor more creditors, and an opposition relates to the instructions given by one o them only, the baili, so ar as possible and ater having advised the opposingparty, continues to execute in order to satisy the instructions and claims o theother creditors.

738. A person whose opposition is dismissed is liable towards the creditors,the debtor and the garnishee or the interest on the amount due to the creditorsand or the costs o storing the property or the time during which executionwas stayed.

739. An opposition by a person who has already made an opposition cannotstay execution unless it is based on acts that occurred ater the frst oppositionwas made and the stay is ordered by the court. The demand or a stay o proceedings, which can be made without ormality, must be preceded by twodays’ notice to the seizing creditor, unless the court dispenses with suchnotice.

TITLE III

SALE UNDER JUDICIAL AUTHORITY

CHAPTER I

CONDUCT OF SALE

740. A sale under judicial authority is conducted to sell property seized toexecute a judgment or property whose surrender is ordered upon the exerciseo hypothecary rights.



The baili notifes the notice to the debtor, the garnishees and any creditorshaving made a claim. The holders o rights registered in the register o personaland movable real rights or in the land register receive notifcation rom theregistrar.

The baili can also, on the request and at the expense o the debtor or acreditor, publicize the sale beyond what is prescribed by law to achieve a betterrealization o the property.

748. The baili can take into consideration the representations o anyinterested person on the method o sale chosen, the terms o sale or the openingbid.

At any time beore the sale o the property, an interested person who is notsatisfed with the baili’s response can go beore the court to make representationsor to oppose the sale. The sale is then stayed until the court makes itsdetermination.

749. I the sale is stayed, either because a demand is pending, the court hasordered it or the debtor and the creditor have consented to it, notice o the stay

is entered in the execution register.

750. In the case o a sale by agreement, the baili is deemed to representthe owner o the property or the conclusion o the contract o sale, which thebaili has power to sign in the owner’s name. The purchaser must pay the priceto the baili.

751. In the case o a call or tenders, the baili has the option o issuing apublic or limited one. Sufcient inormation must be included in the call ortenders to allow bidders to tender on a timely basis.

The baili is required to accept the highest tender unless the conditionsattached to it render it less advantageous than another lower tender, or unlessthe price tendered is not commercially reasonable.

752. In the case o a sale by auction, the baili sets out in the notice o salethe nature o the property, the minimum price, i any, and sufcient inormationto allow bids to be made. The baili also sets out his or her name and contactinormation and, i applicable, those o the auctioneer selected.

I bids can be made by way o inormation technology, the notice must statehow and when bids will be received and must speciy the closing date.

753. At an auction sale, the baili or the auctioneer, as applicable, can, inthe interest o the creditor or the debtor, reuse a bid, withdraw the propertyand put it up or sale again, with or without a minimum price, or end thesale.



754. The baili is not bound by the conditions and restrictions governingthe transer o shares o the capital stock o a legal person. However, thepurchaser o the shares is subject to the conditions and restrictions set out inthe constituting act o the legal person, its by-laws and any unanimousshareholder agreements. The purchaser must be inormed o any restrictionstied to the shares purchased.

755. I property cannot be sold, the baili returns it to its owner. I theowner reuses the property, the baili can give it to a charity or, ailing that,dispose o it as he or she sees ft.

CHAPTER III

SALE AND EFFECTS OF SALE

756. As soon as the sale is made, the baili enters a notice in the executionregister setting out the nature o the property, the method o sale chosen, thecharges on the property and the terms o the sale.

757. I, on the expiry o 10 days ater the sale, the owner seller or thepurchaser reuses to sign the deed o sale or to give up or take possession o the property, the baili, the seller or the purchaser can obtain an order romthe court having the same orce and eect as a deed o sale or an order ororced surrender o or eviction rom the immovable or orced removal o themovable property.

758. A sale under judicial authority discharges all real rights not includedin the terms o sale except

(1) servitudes;

(2) emphyteutic rights, superfciary rights, and substitutions not yet open,except when a prior or preerred claim is mentioned in the court record;

(3) the administrative encumbrance aecting a low-rental housing complex;and

(4) a lease registered in the land register.

A sale under judicial authority does not aect the legal hypothec securingthe rights o legal persons established in the public interest in respect o specialmunicipal or school taxes that are not yet due and the payment o which isspread over a certain number o years. Such taxes do not become due by reasono the sale o the immovable and are not collocated, but remain payable inaccordance with the terms o their assessment.

759. A sale under judicial authority can be annulled on the demand o thepurchaser i the purchaser is liable to eviction by reason o some real rightrom which the property is not discharged by the sale, or i the immovable



CHAPTER II

DISTRIBUTION OF PROCEEDS OF SALE OR MONEY SEIZED

DIVISION I

BAILIFF’S REPORT

762. The baili fles a report with the court clerk within 15 days o the saleor o the seizure o money, attaching any supporting documents, including anypreviously obtained valuation, the confrmation o the brokerage frm in chargeo the sale o securities or security entitlements listed and traded on a recognizedstock exchange, or the statement certifed by the registrar.

The report must set out the names and contact inormation o the debtor, theseizing creditor, and, i a sale has occurred, the purchaser, and the terms o thesale. It must reer to the minutes o seizure and any publications made, asapplicable, mention any opposition fled, and speciy the sum collected andthe name o the person in whose hands it is seized. I two or more persons areentitled to the proceeds o the sale or the money seized, it must also include acollocation scheme.

763. For the preparation o the report, the baili can summon a creditor tobe examined on acts relating to a charge mentioned in the statement certifedby the registrar or a claim fled in the record.

An admission by the person in whose avour a charge is registered or a claimlies has ull eect against the person without any urther proceeding orormality.

764. The baili’s report, including the collocation scheme, is verifed by

the court clerk, and, i certifed by the latter, notifed to the debtor, to thecreditors entitled to the proceeds o the sale or the money seized, to the creditorswho entered their addresses in the land register or the register o personal andmovable real rights, and, in the case o an immovable, to the municipality andthe school board in whose territory the immovable is located.

DIVISION II

COLLOCATION SCHEME

765. The collocation scheme sets out the names and contact inormationo the creditors, the nature o each creditor’s claim, the date o the title and o

its registration, i applicable, and the amount to which each creditor is entitled.It specifes, or each claim, whether it pertains to the whole amount to bedistributed or only to the proceeds o the sale o a particular item o propertyor o part o an item o property.

The scheme determines the order o collocation according to the rank o thecreditors, as ollows:



(1) execution costs, in the ollowing order:

— the cost o the baili’s report;

— the cost o the sale;

— the cost o the seizure, including the cost o any post-judgment examination,and costs relating to the transportation and custody o the property;

— the ee and other costs o the baili;

— the cost o incidental proceedings subsequent to the judgment; and

— the legal costs, i any, o the seizing creditor;

(2) prior claims against the property sold;

(3) hypothecary claims against the property sold;

(4) the claim o the seizing creditor representing 10% o the money to bedistributed to other creditors o the same rank; and

(5) claims o unsecured creditors.

I an opposition to the seizure was fled tardily and was allowed only aterthe sale, the baili enters in the collocation scheme the claim o the personhaving revendicated the property or the person holding a real right in theproperty, according to their rank.

766. I there are indeterminate or unliquidated claims, the baili must

reserve a sum sufcient to cover them out o the available moneys. The summust be held in a trust account until the claims are determined or liquidated,unless a judge orders otherwise.

I there are conditional claims, the creditors are collocated according to theirrank, but the amount o their claims is paid to subsequent creditors whoseclaims are payable, upon security being given, within the month ollowingnotifcation o the baili’s report and the collocation scheme, or the return o the money when the condition is ulflled. I the subsequent creditors ail togive security, or i there are no subsequent creditors, the amount is paid to thedebtor, on condition o security being given, or, i the debtor ails to givesecurity, to the conditional creditors, upon their giving security or the return

o the money in the event that the condition ails or becomes impossible, andpaying interest to the baili. The baili distributes the interest to the creditorsor remits it to the debtor ater satisying the creditors.

767. I two or more things separately charged with dierent claims are soldor one and the same price or i a creditor has a claim upon part only o a thingby reason o improvements or another cause, the baili apportions the amount



to be distributed i it is insufcient, and obtains an expert opinion i the recorddoes not contain sufcient inormation. The share to be attributed to eachcreditor is determined by valuating the dierent things or parts in relation tothe value o the whole.

768. The baili, on his or her own initiative or on the request o an interestedperson, can correct the collocation scheme i it contains an error. In that casethe baili must notiy the corrected collocation scheme.

769. Within 10 days ater notifcation o the baili’s report or the correctedcollocation scheme, any interested person can contest the scheme and ask thecourt or a determination o the persons to whom the proceeds o the sale andthe money seized are to be distributed.

The demand is notifed to the baili and to all those who received the baili’sreport. On such notifcation, the baili stays the distribution proceeding eitherentirely or only with respect to the contested claim and subsequent claims, asapplicable.

770. I there is no contestation or as soon as a judgment is rendereddismissing the contestation, the baili distributes the proceeds o the sale andthe money seized without delay as provided in the baili’s report.

CHAPTER III

DISTRIBUTION OF SEIZED INCOME

771. Periodically seized or collected income must be distributed to thecreditors by the baili or the court clerk at least quarterly, but at least monthlyin the case o a creditor o support.

772. While a seizure o income remains binding, not only the seizing creditorbut all creditors can participate in the distribution o the income. However,they must frst notiy their claim, setting out the nature, date and amount o the debt, to the baili or the court clerk and to all interested persons, andprovide supporting documents.

In the absence o supporting documents, the claim is null, unless it isestablished to the satisaction o the court that it is impossible or the creditorto produce them.

773. From the date o fling, a claim bears interest at the legal rate only.No claim relating to the dierence between the rate o interest agreed betweenthe parties and the legal rate, or any period during which the legal rate isapplicable, can be accepted.

774. Any interested party can contest the claim o a creditor by notiyingthe contestation to the baili or the court clerk, the debtor and the creditor. Onsuch notifcation, the baili stays the distribution o seized income to the



creditor and retains the amounts otherwise payable to the latter until a decisionis made on the contestation.

775. The baili distributes seized income according to the ollowing ordero collocation:

(1) execution costs, including the cost o administering an instalmentpayment agreement;

(2) claims or support and claims resulting rom a judgment ordering thepayment o damages or bodily injury caused by an intentional or gross ault,but only with respect to the dierence between the portion o the income seizedby reason o the particular nature o the claim and the portion o income thatis ordinarily seizable, in proportion to the amount o the claims;

(3) prior claims;

(4) the claim o the seizing creditor representing 10% o the money to be

distributed to other creditors o the same rank; and

(5) claims o unsecured creditors, including the claims mentioned insubparagraphs 2 and 4, in proportion to the amount o the claims.

In all cases, the baili pays to a creditor o support, out o the portion o income that is ordinarily seizable, the amount required to make the total moneydistributed to that creditor equal to at least one-hal o the amount distributedevery month, up to the amount o support due.

However, a claim by a spouse based on a marriage or civil union contractcannot be paid until all other claims have been discharged.

GENERAL AMENDING PROVISIONS

776. In any Act or statutory instrument, the concepts o the Code o CivilProcedure are replaced by the corresponding concepts o the new Code. Theollowing replacements are made, with the necessary adaptations, includingas to grammar and syntax:

(1) “writ o subpoena” and the noun “summons” are replaced by“subpoena”;

(2) “certifed mail”, “certifed letter” and “registered letter” are replaced by

“registered mail”;

(3) “extra-judicial proessional ees” and “extrajudicial ees” are replacedby “ees” and any reerences to “judicial ees” are struck out;

(4) “juridical day” is replaced by “working day”;



(5) “non-juridical day” is replaced by “holiday” with the addition, asrequired by the context, o “Saturdays, 26 December and 2 January”;

(6) “juridiction” in the French text, when reerring to the jurisdiction o acourt o justice or an administrative tribunal, is replaced by “compétence”;

(7) “mandate given in the anticipation o the mandator’s incapacity” or theequivalent is replaced by “protection mandate”;

(8) “generally accepted accounting principles” or the equivalent is replacedby “generally accepted accounting standards”;

(9) “recours collecti” in the French text is replaced by “actioncollective”;

(10) “extraordinary recourse” and “extraordinary remedy” and any reerenceto a direct action in nullity as well as any reerence to articles 834 to 846 o the ormer Code are replaced by “application or judicial review”;

(11) “règles de pratique” in the French text, when reerring to a court or anadministrative tribunal, is replaced by “règlements du tribunal”; and

(12) “service” is replaced by “notifcation” except when reerring tonotifcation by a baili, notifcation o an originating demand or equivalentinstrument, or personal notifcation or notifcation in person or by personaldelivery, and in instances where a person could lose a right or incur a penaltyother than a procedural penalty i the person does not act within a specifc timelimit.

SPECIFIC AMENDING PROVISIONS

CIVIL CODE OF QUÉBEC

777. Article 978 o the Civil Code o Québec is amended by replacing thethird paragraph by the ollowing paragraph:

“The boundary determination report is registered in the land register on the joint application o the owners concerned and transers ownership on being soregistered.”

778. Article 1731 o the Code is amended by replacing “La vente aite sousl’autorité de la justice” in the French text by “La vente sous contrôle de

justice”.

779. Article 1758 o the Code is replaced by the ollowing article:

“1758. A sale by auction is either voluntary or orced; an auction saleunder judicial authority is conducted as specifed in the notice o sale entered



789. Section 127.1 o the Act is amended by replacing “his judicial andextra-judicial costs” by “his ees and costs”.

COURT BAILIFFS ACT

790. Section 8 o the Court Bailis Act (R.S.Q., chapter H-4.1) is amendedby adding “, including preparing a certifed report” at the end.

SPECIAL PROCEDURE ACT

791. The Special Procedure Act (R.S.Q., chapter P-27) is repealed.

ACT RESPECTING THE CLASS ACTION

792. The title o the Act respecting the class action (R.S.Q., chapter R-2.1)is replaced by the ollowing title:

“Class Action Assistance Fund Act”.

793. The Act is amended by replacing “recours collecti” wherever it appearsin the French text by “action collective”.

794. Section 20 o the Act is amended by adding the ollowing paragraphat the end:

“However, no legal person established or a private interest, partnership orassociation other than a legal person governed by Part III o the CompaniesAct (chapter C-38), a cooperative governed by the Cooperatives Act(chapter C-67.2) or an association o employees within the meaning o theLabour Code (chapter C-27) may obtain fnancial assistance rom the Fund to

institute a class action.”

COURTS OF JUSTICE ACT

795. Section 12 o the Courts o Justice Act (R.S.Q., chapter T-16) isreplaced by the ollowing section:

“12. To ensure the proper dispatch o the business o the Court o Appeal,the Chie Justice or, in his absence, the senior puisne judge, may ask the Chie Justice o the Superior Court, in writing, to designate one or more judges o that court to sit in the Court o Appeal as judges ad hoc. A judge ad hoc shallhave all the powers and duties o a puisne judge o the Court o Appeal.”

796. Section 146 o the Act is amended

(1) by replacing “règles de pratique” in the frst paragraph in the Frenchtext by “règlements”;



(2) by replacing “règles par des règles particulières” in the second paragraphin the French text by “règlements par des règlement particuliers”;

(3) by adding the ollowing paragraph at the end:

“However, the rules applicable in the Civil Division o the Court are adoptedin accordance with the rules o the Code o Civil Procedure.”

797. Section 147 o the Act is amended

(1) by replacing “règles de pratique sont soumises” in the frst paragraphin the French text by “règlements sont soumis”;

(2) by replacing the second paragraph by the ollowing paragraph:

“They must also be made readily accessible to the public, including throughposting on the courts’ website.”

TARIFF OF JUDICIAL FEES OF ADVOCATES

798. The Tari o Judicial Fees o Advocates (R.R.Q., chapter B-1, r. 22)is repealed.

TRANSITIONAL AND FINAL PROVISIONS

799. This new Code o Civil Procedure replaces the ormer Code o CivilProcedure adopted by chapter 80 o the statutes o 1965, as amended.

The rules o this new Code apply as soon as they come into orce, subjectto the ollowing:

(1) in frst instance, originating demands that have already been fledcontinue to be governed by the ormer Code as regards procedure prior toinscription or trial and judgment and the relevant time limits;

(2) cases that would be under the jurisdiction o a dierent court continuebeore the court already seized o the matter;

(3) in appeal, the time limits or preparing the appeal record continue toapply to cases already in appeal;

(4) until (insert the date that occurs three years after the date of coming

into force of Title II of Book VI ), Title II o Book VI o this new Code appliesonly to claims not exceeding $10,000, excluding interest; and

(5) i already underway, the execution o a judgment, a decision or a juridicalact that has the binding orce o a judgment continues under the ormerCode.

800. This Act comes into orce on the date to be set by the Government.



TABLE OF CONTENTS

BOOK I GENERAL FRAMEWORK OF CIVIL PROCEDURE

BOOK II CONTENTIOUS MATTERS

BOOK III NON-CONTENTIOUS MATTERS

BOOK IV JUDGMENT, APPLICATION FOR REVOCATION

AND APPEAL

BOOK V RULES APPLICABLE TO CERTAIN CIVIL MATTERS

BOOK VI SPECIAL PROCEDURAL ROUTES

BOOK VII PRIVATE MODES OF DISPUTE PREVENTION

AND RESOLUTION

BOOK VIII EXECUTION OF JUDGMENTS



Article

PreliMiNArY PrOViSiON

BOOK I 1-137GeNerAl frAMewOrk Of ciVil PrOcedure

TITLE I 1-7PriNciPleS Of ciVil PrOcedure APPlicAbletO PriVAte MOdeS Of diSPute PreVeNtiONANd reSOlutiON

TITLE II 8-27

PriNciPleS Of PrOcedure APPlicAble befOrethe cOurtS

CHAPTER I 9-10

MiSSiON Of cOurtS

CHAPTER II 11-15Public NAture Of PrOcedure befOre cOurtS

CHAPTER III 16-23

GuidiNG PriNciPleS Of PrOcedure

CHAPTER IV 24-27

ruleS Of iNterPretAtiON ANd APPlicAtiONOf thiS cOde

TITLE III 28-74

juriSdictiON Of cOurtSCHAPTER I 28-39

Subject-MAtter juriSdictiON Of cOurtS

DIVISION I 28-32juriSdictiON Of cOurt Of APPeAl

DIVISION II 33-34juriSdictiON Of SuPeriOr cOurt

DIVISION III 35-39

juriSdictiON Of cOurt Of QuÉbecCHAPTER II 40-48

territOriAl juriSdictiON Of cOurtS

DIVISION I 40territOriAl juriSdictiON—APPeAl



DIVISION II 41-48

TERRITORIAL JURISDICTION—FIRST INSTANCE

CHAPTER III 49-65

POWERS OF COURTS

DIVISION I 49-50

GENERAL POWERS

DIVISION II 51-56

POWER TO IMPOSE SANCTIONS FOR IMPROPER USE

OF PROCEDURE

DIVISION III 57-62

POWER TO PUNISH FOR CONTEMPT OF COURT

DIVISION IV 63-65

RULES OF PRACTICE

CHAPTER IV 66-67

COURT OFFICES

CHAPTER V 68-74

POWERS OF COURTS, JUDGES AND COURT CLERKS

TITLE IV 75-81

SPECIAL RIGHTS OF STATE

TITLE V 82-137

PROCEDURE APPLICABLE TO ALL JUDICIAL DEMANDS

CHAPTER I 82-84

SITTINGS OF COURTS AND TIME LIMITS

CHAPTER II 85-86

INTEREST REQUIRED TO BRING PROCEEDINGS

CHAPTER III 87-92

REPRESENTATION BEFORE COURTS AND CAPACITY TO ACT

CHAPTER IV 93-98

DESIGNATION OF PARTIES

CHAPTER V 99-108

PLEADINGS

DIVISION I 99-103

FORM AND CONTENT OF PLEADINGS



DIVISION II 104-105

SWORN PLEADINGS

DIVISION III 106-108

FILING OF PLEADINGS AND EXHIBITS

CHAPTER VI 109-137

NOTIFIcATION OF DOcumENTS

DIVISION I 109-111

GENERAL RuLES

DIVISION II 112-126

NOTIFIcATION BY BAILIFF

§1. — General provisions 112-116

§2. — Notifcation by personal service 117-119

§3. — Notifcation through intermediary 120-124

§4. — Notifcation in place 125-126


OTHER mODES OF NOTIFIcATION

§1. — Notifcation by mail or by courier service 127-128

§2. — Notifcation by public notice 129-131

§3. — Notifcation by technological means 132-133

§4. — Notifcation to correspondent 134

DIVISION IV 135-137

NOTIFIcATION OF cERTAIN PLEADINGS

BOOK II 138-298

cONTENTIOuS mATTERS

TITLE I 138-179

INITIAL STAGES OF PROcEEDING

CHAPTER I 138-140

JuDIcIAL DEmAND

CHAPTER II 141-143

SummONS AND DEFENDANT’S ANSWER

CHAPTER III 144-156

cASE mANAGEmENT

DIVISION I 144-148

cASE PROTOcOL

DIVISION II 149-153

cASE mANAGEmENT cONFERENcE



DIVISION III 154

SPECIAL CASE MANAGEMENT

DIVISION IV 155-156

CASE MANAGEMENT MEASurES

CHAPTER IV 157-161

SETTLEMENT CoNfErENCE

CHAPTER V 162-167

DEfENCE

DIVISION I 162-164

PrELIMINArY EXCEPTIoNS

§1. — Declinatory exception 162

§2. — Exception to dismiss 163

§3. — Other exceptions 164

DIVISION II 165-167

DEfENCE oN MErITS

CHAPTER VI 168-174

rEADINESS for TrIAL AND SETTING DoWN

for TrIAL AND JuDGMENT

CHAPTER VII 175

PrE-TrIAL CoNfErENCE

CHAPTER VIII 176-179

ProCESSING of CASE SET DoWN foLLoWING

DEfENDANT’S DEfAuLT

TITLE II 180-215

INCIDENTAL ProCEEDINGS

CHAPTER I 180-186

INTErvENTIoN of ThIrD PErSoNS IN ProCEEDING

DIVISION I 180

GENErAL ProvISIoN

DIVISION II 181-183

voLuNTArY INTErvENTIoN


forCED INTErvENTIoN

CHAPTER II 187-191

INCIDENTAL ProCEEDINGS rELATING

To PArTIES’ LAWYErS



CHAPTER III 192-196

continuance of proceeding

CHAPTER IV 197-200

recusation

CHAPTER V 201-207

incidental proceedings relating to pleadings

DIVISION I 201-203

withdrawal or amendment of pleading

DIVISION II 204

determination of issue of law

DIVISION III 205

consolidation and separation of proceedings

DIVISION IV 206

splitting of proceeding

DIVISION V 207

stay of proceeding

CHAPTER VI 208-215

incidental proceedings that terminate

proceeding

DIVISION I 208-209

discontinuance

DIVISION II 210-211

tender and deposit


acquiescence in demand

DIVISION IV 215

settlement

TITLE III 216-259

gathering and disclosure of evidence

before trial

CHAPTER I 216-224

pre-trial examination

DIVISION I 216

general provision



DIVISION II 217-219

examination in writing


oral examination

CHAPTER II 225-239

expert evidence

DIVISION I 225-228

when expert evidence can be used

DIVISION II 229-231

expert’s mission and duty


expert’s report

DIVISION IV 236-239

special rules applicable to physical, mental

or psychosocial examination

CHAPTER III 240-247

disclosure and filing of exhibits and other

evidence

DIVISION I 240

general provision

DIVISION II 241-245

time limits for disclosure and filing

DIVISION III 246

documents or real evidence in possession of party

or third person

DIVISION IV 247

demand in course of proceeding

CHAPTER IV 248-252

gathering of evidence before trial

DIVISION I248-251demands before institution of proceeding

DIVISION II 252

pre-trial demands



DIVISION IX 297-298

preservation of oral evidence

BOOK III 299-317

non-contentious matters

TITLE I 299-302

general provisions

TITLE II 303-308

rules applicable before court

CHAPTER I 303-304

demand

CHAPTER II 305-308

presentation

TITLE III 309-317

rules applicable before notary

CHAPTER I 309

jurisdiction of notary

CHAPTER II 310

demand

CHAPTER III 311-317

operations and conclusions

BOOK IV 318-387

judgment, application for revocation

and appeal

TITLE I 318-335

judgment

CHAPTER I 318-319

general provisions

CHAPTER II 320-322

advisement

CHAPTER III 323-324

replacement of judge

CHAPTER IV 325-330

rules applicable to judgment



CHAPTER V 331-335

formal judgment

TITLE II 336-341

legal costs

TITLE III 342-347

revocation of judgment

CHAPTER I 342-345

revocation on application by party

CHAPTER II 346

revocation on application by third person

CHAPTER III 347

effect of application for revocation

TITLE IV 348-387

appeal

CHAPTER I 348-363

initiation of appeal proceeding

DIVISION I 348-356

initiation of appeal

DIVISION II 357-360

appeal time limits


conditions imposed on appeal and dismissal

of appeal

CHAPTER II 364-366

appeal management

CHAPTER III 367-373

appeal record

CHAPTER IV 374-383

conduct of appeal

DIVISION I 374-377

demands in course of proceeding and

incidental demands

DIVISION II 378-379

settlement conference




setting down for hearing

DIVISION IV 382-383

hearing

CHAPTER V 384-387

decision

BOOK V 388-511

rULes aPPLicaBLe to certain ciViL Matters

TITLE I 388-405

deMands in Matters goVerned By Law

of Persons

CHAPTER I 388-389

generaL ProVisions

CHAPTER II 390-397

deMands reLating to PersonaL integrity

DIVISION I 390-392

care and confineMent in institUtion

DIVISION II 393-397

haBeas corPUs

CHAPTER III 398-403

deMands reLating to PersonaL statUs

and caPacity

CHAPTER IV 404-405

LegaL Persons

TITLE II 406-457

deMands in Matters goVerned By faMiLy Law

CHAPTER I 406-413

rULes goVerning deMand and Proceeding

CHAPTER II 414-423

Mediation in coUrse of Proceeding

DIVISION I 414-416

Parent and Mediation inforMation session

DIVISION II 417-421

Mediation



CHAPTER II 466-467demands relating to publication of rights

CHAPTER III 468-474boundary determination

CHAPTER IV 475-476co-ownership and partition

CHAPTER V 477-478safety deposit boxes

CHAPTER VI 479-482demands relating to security

CHAPTER VII 483-484copies of or extracts from notarial acts

CHAPTER VIII 485-487reconstitution of certain documents

TITLE IV 488-511demands involving international law

CHAPTER I 488-489general provisions

CHAPTER II 490-492preliminary exceptions and security

CHAPTER III

493-497international notification

CHAPTER IV 498-499summoning of witnesses

CHAPTER V 500-509rogatory commissions

DIVISION I 500-505rogatory commission originating in Québec

DIVISION II

506-509rogatory commission originating in foreignstate

CHAPTER VI 510-511recognition and enforcement of foreignjudicial decisions and foreign public documents



BOOK VI 512-606

special procedural routes

TITLE I 512-538

provisional remedies and control measures

CHAPTER I 512-518

injunction

CHAPTER II 519-529

seizure before judgment and sequestration

DIVISION I 519-526

seizure before judgment

DIVISION II 527-529

sequestration

CHAPTER III 530

homologation

CHAPTER IV 531-538

judicial review

DIVISION I 531-534

general rules

DIVISION II 535-538

special rules applicable to usurpaton of office

TITLE II539-572recovery of small claims

CHAPTER I 539-544

general provisions

CHAPTER II 545

representation of parties

CHAPTER III 546-570

procedure

DIVISION I546-556institution of demand, and defence

DIVISION II 557

summoning of parties and witnesses



DIVISION III 558

mEdiation

DIVISION IV 559-564

hEaring

DIVISION V 565-570

judgmEnt

CHAPTER IV 571-572

miscEllanEous provisions

TITLE III 573-606

spEcial rulEs for class actions

CHAPTER I 573-575

introductory provisions

CHAPTER II 576-580

authorization to institutE class action

CHAPTER III 581-584

noticEs

CHAPTER IV 585-592

conduct of class action

CHAPTER V 593-606

judgmEnt and ExEcution mEasurEs

DIVISION I 593-596

EffEcts and publication of judgmEnt

DIVISION II 597-600

aggrEgatE award


individual claims

DIVISION IV 604-606

appEal

BOOK VII 607-653

privatE modEs of disputE prEvEntion and

rEsolution

TITLE I 607-609

introductory provisions



TITLE II 610-624meDIATION

CHAPTER I 610-613rOles AND DuTIes Of pArTIes AND meDIATOr

CHAPTER II 614-617cONDucT Of meDIATION

CHAPTER III 618-620eND Of meDIATION

CHAPTER IV 621-624specIAl prOvIsIONs ApplIcAble TO fAmIlymeDIATION

TITLE III 625-653ArbITrATION

CHAPTER I 625-631AppOINTmeNT AND rOle Of ArbITrATOrs

CHAPTER II 632-637cONDucT Of ArbITrATION

CHAPTER III 638-641ArbITrATION AwArD

CHAPTER IV 642-644hOmOlOgATION Of ArbITrATION AwArD

CHAPTER V 645-647specIAl prOvIsIONs ApplIcAble TO INTerNATIONAlcOmmercIAl ArbITrATION

CHAPTER VI 648-649ANNulmeNT Of ArbITrATION AwArD

CHAPTER VII 650-653recOgNITION AND eNfOrcemeNT Of ArbITrATIONAwArDs reNDereD OuTsIDe québec

BOOK VIII

654-775eXecuTION Of JuDgmeNTs

TITLE I 654-699prINcIples AND geNerAl rules

CHAPTER I 654-657geNerAl prOvIsIONs



CHAPTER II 658-659

PROVISIONAL executION

CHAPTER III 660-676

VOLuNtARY executION

DIVISION I 660-668

PAYmeNt

§1. — General rule 660

§2. — Payment in instalments 661

§3. — Voluntary deposit 662-668

DIVISION II 669

SuRReNDeR


SuRetYSHIP

DIVISION IV 673-676

AccOuNtING

CHAPTER IV 677-699

FORceD executION

DIVISION I 677-680

GeNeRAL RuLeS

DIVISION II 681-685

RIGHtS AND OBLIGAtIONS OF PARtIcIPANtS

IN executION PROceSS

§1. —General provisions

681-682

§2. — Court bailiffs 683-685


POSt-JuDGmeNt exAmINAtION

DIVISION IV 688-689

RuLeS APPLIcABLe IN eVeNt OF DeAtH OR

INcAPAcItY

DIVISION V 690-691

SPecIAL RuLeS APPLIcABLe tO FORceD executION

IN ReAL ActIONS

DIVISION VI 692-699

exemPtION FROm SeIZuRe

TITLE II 700-739

SeIZuRe OF PROPeRtY



CHAPTER I 700-708

GENERAL PROVISIONS

CHAPTER II 709-719

SEIZURE IN thE hANDS OF thIRD PERSONS

DIVISION I 709-714

GENERAL RULES

DIVISION II 715-719

GENERAL RULES AS tO SEIZURE OF INCOME

§1. — Seizure of income 715-717

§2. — Stay of seizure with regard to support 718-719

CHAPTER III 720-728

SPECIAL RULES APPLICAbLE tO CERtAIN SEIZURES

DIVISION I 720

SEIZURE ON PERSON OF DEbtOR

DIVISION II 721-724

SEIZURE OF SECURItIES OR SECURIty ENtItLEMENtS

tO FINANCIAL ASSEtS


SEIZURE OF tEChNOLOGICAL MEDIA

DIVISION IV 727

SEIZURE OF PROPERty IN SAFEty DEPOSIt bOx

DIVISION V 728

SEIZURE OF REGIStERED ROAD VEhICLES

CHAPTER IV 729-732

CUStODy OF SEIZED PROPERty

CHAPTER V 733-739

OPPOSItION tO SEIZURE AND SALE

DIVISION I 733-734

GENERAL PROVISIONS

DIVISION II735-739EFFECtS OF OPPOSItION

TITLE III 740-760

SALE UNDER jUDICIAL AUthORIty

English Draft Bill for New Code of Civil Procedure

Documents

Transcript of English Draft Bill for New Code of Civil Procedure