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Canada — Quebec Act or statute

Canada — Quebec legislation

Code of Civil Procedure, 2014

This provision sets out the Code’s purpose and says it must be read and applied as a whole, in keeping with civil law tradition.

Source excerpt

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contractscontestationcontested application handlingcontested applicationscontinuance of proceedingscontract disclosurecontract disputescontractual obligationscopy issuancecorporate constituting actscostscounterclaimcounterclaimscourt administrationcourt applicationcourt applicationscourt approvalcourt attendancecourt authorizationcourt authorization reviewcourt bailiff feescourt clerk certificatecourt clerk dutiescourt clerk noticecourt commissionscourt costscourt deadlinescourt decisionscourt depositscourt enforcementcourt evidencecourt examinationcourt examinationscourt exemptionscourt feescourt filescourt filingcourt filing deadlinescourt filingscourt homologationcourt instructioncourt interpretation servicescourt interventioncourt judgment effectcourt judgmentscourt jurisdictioncourt noticecourt noticescourt notificationcourt notificationscourt office formattingcourt operationscourt orderscourt powerscourt practicecourt procedurecourt procedurescourt proceedingscourt processcourt recordcourt recordscourt referralcourt representationcourt reviewcourt review procedurecourt safeguard ordercourt schedulingcourt venuecourt-appointed expertcourt-appointed salecourt-ordered depositcourt-referred mediation processcreditor claimscreditor instructionscreditor notificationcreditor paymentscreditor rankingcreditor remediescreditor repaymentcross-border dispute resolutioncross-border document servicecross-border servicecross-examinationcultural property transportcustodycustody obligationscustody of propertycustody under warrantdeadlinesdebt collectiondebt disclosuredebt disputesdebt enforcementdebt recoverydebtor examinationdebtor-creditor enforcementdeclarationdeduction noticedefaultdefault judgmentdefault proceedingsdefencedefence filingdefence formdefence proceduredelivery proofdeposition proceduredepositionsdepositsdisbursementsdisclosuredisclosure obligationsdiscontinuancediscoverydismissaldismissal of original applicationdispute resolutiondispute resolution processdisputed factsdistribution of claimsdistribution of collected incomedistribution of fundsdistribution of incomedistribution of sale proceedsdistribution of seized sumsdocument correctiondocument deliverydocument filingdocument notificationdocument productiondocument requirementsdocument servicedocument translationdomiciledraft regulationseffective dateemergency procedureemployment contractsencumbrancesenforcemententry correctionestate administrationeviction noticeevidenceevidence disclosureevidence exchangeevidence handlingevidence preservationevidence procedureexaminationexaminationsexecutionexecution costsexecution mattersexecution noticeexecution of judgmentexecution of judgmentsexecution on judgmentsexecution proceedingsexecution seizureexempt propertyexemptions from seizureexhibitsexpenditureexpenses and disbursementsexpert appointmentexpert evidenceexpert feesexpert reportsexpropriationfamily court procedurefamily lawfamily mattersfamily patrimonyfamily proceedingsfamily supportfee paymentfeesfees and costsfiliation recognitionfiling deadlinesfiling documentsfiling notesfiling pleadingsfiling requirementsfinancial assetsforeign class action recognitionforeign judgmentsforgery allegationsforms and filingsgarnisheegarnishmentgovernment noticegovernment publishinghealth administrationhealth and social services institutionshearing confidentialityhearing defaulthearing logisticshearing noticehearing procedurehearingshomologationhypothecary enforcementhypothecary rightsidentity protectionimmovable propertyincome exemptionsinformation disclosureinformation handlinginjunctionsinspectioninspection of thing or propertyinstallment paymentinstalment paymentinsurance contractsinterestinterim measuresinterim reliefinterlocutory procedureinternational procedureinterpretation of awardinterpreter remunerationintervenor statusinterventionintervention in proceedingsintervention procedureissuer obligationsjoinder of claimsjoint applicationjudgmentjudgment by special 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proceedingstransfer of registrationtranslationtrial evidencetrial exhibitstrial managementtrial preparationtrial proceduretrial readinesstrial schedulingtrial timingtribunal powerstrust company depositstrusteestutorshipurgent applicationsvehicle registrationvehicle seizurevenueverificationverification documentsvoluntary depositwarrantywithholdingwitness attendancewitness examinationwitness feeswitness summonswitness testimonywitnesseswritten representationswritten submissions
Jurisdiction
Canada — Quebec
Structure
878 provisions
Official identity
Year 2014
Dates
Enacted 2014 · Source version 10 Jun 2026
More statute details
Dates
Enacted 2014 · Source version 10 Jun 2026
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01

Purpose and legislative effect

“This provision sets out the Code’s purpose and says it must be read and applied as a whole, in keeping with civil law tradition.”

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02

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    Enacted 2014 · Source version 10 Jun 2026. The date shown identifies this source expression and should not be treated as proof that no later change exists.

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Section 197

A lawyer must tell the other parties when they learn the represented party has changed status or capacity, stopped exercising certain functions, or died.

Section 197

Section 247

Exhibits for a judicial application must be listed in the summons to the defendant, and exhibits for a pleading must be listed in the pleading or in a notice attached to it.

Section 247

Section 297

Objections during a witness examination outside the court do not stop the examination, and the witness must answer unless the objection concerns compellability, fundamental rights, or a substantial and legitimate interest.

Section 297

Section 346

346. A party against which a default judgment has been rendered following failure to answer the summons, attend the case management conference or defend on the merits but that was prevented from doing so owing to fraud, surprise or any

Section 346

Section 396

An application about confinement for or after a psychiatric assessment cannot be brought before the court until at least two days after notification, and the specified people may consult or copy the court record.

Section 396

04

Source and current-law status

Source record view

Source record from www.legisquebec.gouv.qc.ca · Enacted 2014 · Source version 10 Jun 2026

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Source-indexed provision map

Provisions 201–400

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Showing 200 of 878 provisions

Provision 190Amendment 5Commencement 2Substitution 2
§ 197Section 197Provision

Source excerpt

A lawyer must tell the other parties when they learn the represented party has changed status or capacity, stopped exercising certain functions, or died.

197. A lawyer who learns that the party they are representing has had a change of status or capacity, has ceased to exercise certain functions or has died is required to notify that information to the other parties. Pleadings filed before the notification are valid. Those filed after the notification are without effect, except conservatory ones intended to preserve the rights of the persons likely to continue the proceeding. 2014, c. 1, a. 197.
Section 197Verify source
§ 198Section 198Provision

Source excerpt

A proceeding may be continued by certain persons who take over from a party or who have acquired the required capacity or right.

198. A proceeding may be continued by a person who, as a result of a party’s change of status or capacity or loss of capacity, has acquired the capacity and the interest required to continue the proceeding. A proceeding may also be continued by the person succeeding to a party’s functions, by the liquidator of the succession or the heirs of a deceased party or by a successor who has acquired the right that is the subject matter of the dispute. 2014, c. 1, a. 198.
Section 198Verify source
§ 199Section 199Provision

Source excerpt

Heirs who are parties to a proceeding must notify the other parties of the liquidator’s name, address, and contact information once the liquidator takes charge of the succession.

199. Heirs who are parties to a proceeding are required to notify the liquidator’s name, address and other contact information to the other parties as soon as the liquidator takes charge of the succession. Pleadings filed before the notification are valid, unless the court decides otherwise on the liquidator’s request. Those filed after the notification are without effect and the proceeding is stayed until continued by the liquidator. 2014, c. 1, a. 199.
Section 199Verify source
§ 200Section 200Provision

Source excerpt

A continuance of proceeding is obtained by filing a notice with the court office and notifying all parties.

200. A continuance of proceeding is obtained by filing with the court office a notice stating the facts giving rise to the continuance and notifying it to all the parties. The right to continue the proceeding may be contested within 10 days after the notification. If it is not contested within that time, the continuance of proceeding is deemed admitted. If the interested persons do not continue the proceeding, a party may give them a formal notice to do so. If they fail to comply within 10 days, any plaintiff in the case may request that the case be set down for judgment as in default cases, and any defendant in the case, that the application be dismissed. 2014, c. 1, a. 200.
Section 200Verify source
§ 201Section 201Provision

Source excerpt

201. A judge who considers that one of the parties may have serious reasons to question the judge’s impartiality is required to declare as much to the chief justice or chief judge without delay. In such a case, the chief justice or chief

201. A judge who considers that one of the parties may have serious reasons to question the judge’s impartiality is required to declare as much to the chief justice or chief judge without delay. In such a case, the chief justice or chief judge designates another judge to continue or try the case and informs the parties. A party that has serious reasons to question the judge’s impartiality must declare as much without delay in a written statement notified to the judge and the other party. If the judge does not withdraw from the case within 10 days after the notification, a party may make an application for recusation. A party may, however, waive the right to recuse. Statements and any other document relating to the recusation are filed in the record. 2014, c. 1, a. 201.
Section 201Verify source
§ 202Section 202Provision

Source excerpt

Certain situations may justify questioning a judge’s impartiality and seeking recusation.

202. The following situations, among others, may be considered serious reasons for questioning a judge’s impartiality and for justifying the judge’s recusation: (1) the judge being the spouse of one of the parties or of the lawyer of one of the parties, or the judge or the judge’s spouse being related or connected by marriage or civil union to one of the parties or to the lawyer of one of the parties, up to the fourth degree inclusively; (2) the judge being a party to a proceeding pertaining to an issue similar to the one before the judge for determination; (3) the judge having given advice or an opinion on the dispute or having previously dealt with the dispute as arbitrator or mediator; (4) the judge having represented one of the parties; (5) the judge being a shareholder or an officer of a legal person or a member of a partnership or an association or another group not endowed with juridical personality that is a party to the proceeding; (6) a serious conflict existing between the judge and one of the parties or the lawyer of one of the parties, or threats or insults having been uttered between them during the proceeding or in the year preceding the application for recusation. 2014, c. 1, a. 202.
Section 202Verify source
§ 203Section 203Provision

Source excerpt

A judge with an interest in a case, or whose spouse has an interest, cannot hear that case.

203. A judge who has an interest or whose spouse has an interest in a case is disqualified and cannot hear the case. 2014, c. 1, a. 203.
Section 203Verify source
§ 204Section 204Provision

Source excerpt

A recusation application must be notified to the judge and other parties 10 days after the statement is notified. If no statement was made, a party may apply at any stage if diligent, and may do so orally during trial. If the application is against the sole judge in the district, the court clerk must immediately inform the chief justice or chief judge.

204. An application for recusation is notified to the judge and the other parties on the expiry of 10 days after notification of the statement. If no statement was made, a party may apply for recusation at any stage of the proceeding, provided it shows that it has been diligent. The application may be made orally during the trial, in which case the reasons given are recorded in the minutes of the hearing. If the application for recusation is against the sole judge assigned to sit in the district where the proceeding has been brought, the court clerk immediately informs the chief justice or chief judge. 2014, c. 1, a. 204.
Section 204Verify source
§ 205Section 205Provision

Source excerpt

The judge seized of the case decides a recusation application. If granted, the judge must withdraw and not sit. The decision may be appealed with leave of a judge of the Court of Appeal.

205. The application for recusation is decided by the judge seized of the case. The decision may be appealed by leave of a judge of the Court of Appeal. If the application is granted, the judge must withdraw from the case and abstain from sitting. If the application is dismissed, the judge continues to be seized of the case. The court clerk advises the chief justice or chief judge of any case in which the trial is postponed because the judge has decided to withdraw from the case. 2014, c. 1, a. 205.
Section 205Verify source
§ 206Section 206Amendment

Source excerpt

206. At any time before judgment, the parties may withdraw or amend a pleading without it being necessary to obtain an authorization from the court, provided doing so does not delay the proceeding and is not contrary to the interests of

206. At any time before judgment, the parties may withdraw or amend a pleading without it being necessary to obtain an authorization from the court, provided doing so does not delay the proceeding and is not contrary to the interests of justice. However, the amendment of a pleading must not result in an entirely new application having no connection with the original one. An amendment to a pleading may be made, for instance, to replace, correct or complete statements or conclusions, allege new facts or assert a right accrued since the notification of the judicial application. 2014, c. 1, a. 206.
Section 206Verify source
§ 207Section 207Amendment

Source excerpt

A party wishing to withdraw or amend a pleading must notify the other parties; they have 10 days to oppose.

207. A party that intends to withdraw or amend a pleading must notify the intended withdrawal or the amended pleading to the other parties, which have 10 days to notify their opposition. If no opposition is notified, the withdrawal or amendment is accepted. If opposition is notified, the party that intends to withdraw or amend the pleading presents its application before the court for a decision. If any of the other parties must respond following the withdrawal or amendment of a pleading, the time limit for responding is set by the parties or, if the time limit is not already specified in the case protocol, by the court. If, as a result, a new defendant is brought into the proceeding, the judicial application must be notified to that party without delay. 2014, c. 1, a. 207.
Section 207Verify source
§ 208Section 208Amendment

Source excerpt

The court may let a party withdraw or amend a pleading during trial, and may also correct clerical, form, wording, or calculation errors in a pleading before judgment.

208. During the trial and in the presence of the other parties, the court may authorize a party to withdraw or amend a pleading without formality. The decision is recorded in the minutes of the hearing and any amended pleading is filed in the record as soon as possible, without notification being necessary. At any time before judgment, the court, on its own initiative, may order the immediate correction of any clerical error or error of form, expression or calculation in a pleading, subject to the conditions it sees fit. 2014, c. 1, a. 208.
Section 208Verify source
§ 209Section 209Provision

Source excerpt

The parties to a proceeding may jointly submit a legal controversy to the court.

209. The parties to a proceeding may jointly submit to the court a controversy between them on an issue of law raised by the dispute. The court determines the issue in the course of the proceeding if it considers that doing so is useful for the orderly progress of the proceeding; otherwise, it defers its determination of the issue until the judgment on the merits of the case. 2014, c. 1, a. 209.
Section 209Verify source
§ 210Section 210Provision

Source excerpt

The court may consolidate related or unrelated proceedings before it, and may separate joined applications, if the statutory conditions are met.

210. Even when the applications do not arise from the same source or from related sources, the court may order that two or more proceedings between the same parties brought before the same court be consolidated, provided this does not result in undue delay for any of the parties or serious prejudice to a third person. As well, the court may order that two or more proceedings pending before it, whether or not they involve the same parties, be consolidated in order to be tried at the same time and determined on the same evidence, that the evidence in one of the proceedings be used in another or that one of the proceedings be tried and determined before the others. When applications have been joined in the same proceeding, the court, if it considers it advisable in order to protect the parties’ rights, may order that they be separated and dealt with in different proceedings. 2014, c. 1, a. 210.
Section 210Verify source
§ 211Section 211Provision

Source excerpt

The court may split a proceeding on its own initiative if that would help protect the parties’ rights.

211. The court, even on its own initiative, may split a proceeding if it thinks it advisable in order to protect the parties’ rights. The resulting applications are tried before the same judge, unless the chief justice or chief judge decides otherwise. A judgment rendered on one of the applications resulting from the splitting of a proceeding may only be appealed as of the date of the notice of the judgment terminating the proceeding or as of the date of the judgment if it was rendered at the hearing. 2014, c. 1, a. 211; 2023, c. 3, s. 6.
Section 211Verify source
§ 212Section 212Provision

Source excerpt

The Court of Québec may stay a proceeding when a related application is already before the Superior Court, if doing so would not seriously prejudice the other parties.

212. If the Court of Québec is seized of an application having the same juridical basis or raising the same issues of law and fact as an application instituted before the Superior Court, it may, even on its own initiative, stay the proceeding, provided this does not result in serious prejudice to the other parties. A stay order is effective until the judgment rendered by the Superior Court has become final. The stay order may be revoked if new circumstances so warrant. 2014, c. 1, a. 212.
Section 212Verify source
§ 213Section 213Provision

Source excerpt

If the plaintiff discontinues the whole of a judicial application, the proceeding ends when notice is given to the other parties and filed with the court office.

213. Discontinuance by the plaintiff of the whole of a judicial application terminates the proceeding on the notification of a notice of discontinuance to the other parties and its filing with the court office. It restores matters to their former state, and is effective immediately if it takes place before the court and in the presence of the parties. The legal costs are borne by the plaintiff, subject to an agreement between the parties or a decision of the court. 2014, c. 1, a. 213.
Section 213Verify source
§ 214Section 214Amendment

Source excerpt

If one plaintiff in a joint application discontinues it, the other plaintiff may continue the proceeding alone.

214. If one of the plaintiffs in a joint application discontinues it, the other plaintiff may continue the proceeding alone. In such a case, the judicial application is amended accordingly and notified to the other parties, and the proceeding is continued in accordance with the rules applicable to any application. 2014, c. 1, a. 214.
Section 214Verify source
§ 215Section 215Provision

Source excerpt

A party to a proceeding may make or renew a tender and confirm it in a judicial declaration; related filing and deposit steps apply, and the recipient may withdraw the deposit if the tender is not conditional.

215. A party to a proceeding may make or renew a tender and confirm it in a judicial declaration, which is recorded. If the tender is made by means of a letter of undertaking from a financial institution, a copy of the letter and proof that the letter was notified are filed in the record. If a sum of money or a security is tendered, it is deposited with a trust company, and the receipt for the deposit is filed in the record. Unless the tender is conditional, the party to whom the tender is made may obtain the sum of money or security deposited, without prejudicing its claim to the balance. 2014, c. 1, a. 215.
Section 215Verify source
§ 216Section 216Provision

Source excerpt

A trust company deposit is valid only if the trust company is authorized, undertakes to hold the sum as a qualifying money deposit rather than an unredeemable term deposit, and undertakes to remit the money or security on proof of performance.

216. For a deposit with a trust company to be valid, the trust company must be authorized to carry on trust company activities under the Trust Companies and Savings Companies Act (chapter S-29.02). The trust company must undertake to place the sum on deposit as a deposit of money within the meaning of the Deposit Institutions and Deposit Protection Act (chapter I-13.2.2) other than as a term deposit which would not be repayable at any time before maturity. The trust company must also undertake to remit the sum of money or security to the party to whom the tender is made on proof of performance of the obligation. The document recording the undertakings of the trust company is filed with the court office. 2014, c. 1, a. 216; I.N. 2016-12-01; 2018, c. 23, ss. 736 and 811.
Section 216Verify source
§ 217Section 217Provision

Source excerpt

The defendant or a specially authorized mandatary may acquiesce in the application at any stage of the proceeding.

217. The defendant or the defendant’s specially authorized mandatary may, at any stage of the proceeding, acquiesce, in whole or in part, in the application. A declaration of acquiescence is filed with the court office and notified to the plaintiff. If applicable, the mandatary’s special authorization must be attached. 2014, c. 1, a. 217.
Section 217Verify source
§ 218Section 218Provision

Source excerpt

If acquiescence is unqualified, the special clerk renders judgment immediately. If acquiescence is qualified, the plaintiff must notify the defendant of acceptance or refusal within 15 days; otherwise the plaintiff is presumed to have accepted the qualifications, though the court may relieve the default before judgment.

218. If acquiescence in the application is unqualified, the special clerk renders judgment immediately. If acquiescence in the application is qualified, the plaintiff must notify acceptance or refusal to the defendant within 15 days after notification of the declaration of acquiescence. If the plaintiff accepts, the special clerk renders judgment accordingly. If the plaintiff refuses, the proceeding continues, but the plaintiff may nevertheless obtain judgment for the amount specified in the declaration of acquiescence, in which case the proceeding continues only for the balance. If the plaintiff notifies neither acceptance nor refusal, the plaintiff is presumed to have accepted the acquiescence with its qualifications. However, the court may relieve the plaintiff from the consequences of the default before judgment is rendered on the acquiescence. 2014, c. 1, a. 218.
Section 218Verify source
§ 219Section 219Provision

Source excerpt

If there are multiple defendants and only some file a declaration of acquiescence, the court may enter judgment against the acquiescing defendants or continue the case and issue one uniform judgment for all defendants.

219. If there are two or more defendants and only one or some of them file a declaration of acquiescence, the court may render judgment against the acquiescing defendants, on notification of a notice to all the parties. Alternatively, the court may choose to continue the proceeding and render a uniform judgment with respect to all the defendants, either because of the subject matter of the application or to avoid conflicting judgments. 2014, c. 1, a. 219.
Section 219Verify source
§ 220Section 220Provision

Source excerpt

220. The parties may terminate the proceeding by making a transaction, whether they reach their agreement in or outside the presence of the court. In the latter case, they must file a notice of settlement with the court office without

220. The parties may terminate the proceeding by making a transaction, whether they reach their agreement in or outside the presence of the court. In the latter case, they must file a notice of settlement with the court office without delay. 2014, c. 1, a. 220.
Section 220Verify source
§ 221Section 221Provision

Source excerpt

Pre-trial examinations are allowed only if the case protocol provides for them, and they must follow the protocol’s terms, number, and length.

221. A pre-trial examination, whether written or oral, may bear on any fact that is relevant to the dispute and on the evidence supporting such facts; it may also be for documentary disclosure purposes. Pre-trial examinations may be conducted only if they are provided for in the case protocol and must be in compliance with the terms, number and length specified in the case protocol. Other than the parties, the following may be examined: (1) a representative, an agent or an employee of a party; (2) in a judicial application in which a party’s civil liability is at issue, the victim and any person involved in the injurious act or omission; (3) a person for whom a party acts as administrator of the property of others; (4) a person for whom a party acts as prête-nom or whose rights a party has acquired by transfer, subrogation or other similar title. Any other person may be examined with their consent and that of the other party, or with the judge’s authorization, subject to the conditions the judge determines. Neither a minor nor an incapable person of full age may be examined without the judge’s authorization. A judgment on an application relating to an undertaking concerning the disclosure of a document made for or at a pre-trial examination may be rendered on the face of the record. 2014, c. 1, a. 221; 2020, c. 29, s. 31.
Section 221Verify source
§ 222Section 222Provision

Source excerpt

If testimonial evidence is submitted by affidavit, another party may call the affiant to attend for examination.

222. When a party submits testimonial evidence by affidavit, another party may call the affiant to attend in order to be examined on that affidavit. The examination may pertain not only to evidence attested to in the affidavit but also to any other relevant fact. If the affiant fails to attend, the affidavit is rejected. 2014, c. 1, a. 222.
Section 222Verify source
§ 223Section 223Provision

Source excerpt

A party may serve a written examination on dispute facts, require an answer within 15 days to one month, and serve it on another person after informing the other party.

223. A party may notify to the other party a written examination on facts relevant to the dispute, and require that other party to answer within a specified time, which cannot be shorter than 15 days or longer than one month. A party may also, after informing the other party, notify such an examination to any other person that may be examined. The questions must be clear and specific, so that the absence of an answer can be taken as an admission, by the party or person examined, of the facts to which the questions pertain. Any objection relating to the examination may be decided by the court on the face of the record. The examination and the answers are filed in the court record by either of the parties. 2014, c. 1, a. 223; 2020, c. 29, s. 32.
Section 223Verify source
§ 224Section 224Provision

Source excerpt

Written examination answers must be in writing, under oath, signed by the examined party or person, and they must be direct, categorical, and specific.

224. The answers to a written examination are given in writing, under oath, and signed by the party or person examined. They must be direct, categorical and specific, failing which they may be rejected and the facts to which the questions pertain, held to be proved. If the party is a legal person, a general or limited partnership, or an association or another group not endowed with juridical personality, the answers are given by an authorized director, officer or employee, unless they are determined by a special resolution of the legal person, partnership or association or group not endowed with juridical personality. 2014, c. 1, a. 224.
Section 224Verify source
§ 225Section 225Provision

Source excerpt

A person examined must answer the questions asked, or the related facts may be treated as proved against them.

225. If the party or person examined fails to answer the questions asked, the facts on which the examination bears are held to be proved as far as that party or person is concerned. Nevertheless, the court, for valid cause, may relieve the party or person examined from the default and allow them to answer, subject to the conditions it sees fit. The court may also ask any other questions considered necessary and relevant, which the party or person examined must answer, failing which the facts to which the questions pertain are also held to be proved. 2014, c. 1, a. 225.
Section 225Verify source
§ 226Section 226Offence

Source excerpt

226. A party intending to conduct an oral pre-trial examination must inform the person it wishes to examine at least five days in advance, stating the reason why they are called as a witness and the nature, subject, time and place of the

226. A party intending to conduct an oral pre-trial examination must inform the person it wishes to examine at least five days in advance, stating the reason why they are called as a witness and the nature, subject, time and place of the examination. If the parties have not reached an agreement on those points, the person is required to attend on the date and at the place specified in a subpoena, which must be served at least five days before the examination. If the judicial application is founded on an injurious act or omission that is also an indictable offence, the necessary measures must be taken to ensure that the person who is a victim is not, without having consented to it, confronted with the alleged or confirmed perpetrator. 2014, c. 1, a. 226; 2021, c. 13, s. 175.
Section 226Verify source
§ 227Section 227Provision

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A deposition is generally treated like trial testimony, must be recorded unless the parties waive that, and may be produced in evidence by the examining party.

227. The deposition of the person examined is subject to the same rules as testimony given at trial; it is recorded, unless waived by the parties. The deposition forms part of each party’s file, and the party that conducted the examination may produce all or excerpts of it in evidence or not produce it at all. Another party may ask the court to order the party to produce any other excerpt that cannot be dissociated from an excerpt that has already been produced. 2014, c. 1, a. 227; I.N. 2016-12-01.
Section 227Verify source
§ 228Section 228Provision

Source excerpt

Before a pre-trial examination, the parties may bring anticipated objections to a judge; some objections let the person examined refrain from answering, while other objections do not stop the examination.

228. Before a pre-trial examination is held, the parties may submit the objections they anticipate to a judge for a decision or for directives as to the conduct of the examination. If the objections raised during the examination pertain to the fact that the person examined cannot be compelled, to fundamental rights, to facts presumed to be irrelevant where a matter contains allegations of sexual or spousal violence or to an issue raising a substantial and legitimate interest, the person may refrain from answering. Such objections must be presented before the court within five days for a decision. Other objections raised during the examination, including objections based on relevance, do not prevent it from continuing, the witness being required to answer. Such objections are recorded for a decision by the court at trial unless they can be submitted to the court for an immediate decision. The judgment on an objection may be rendered on the face of the record. 2014, c. 1, a. 228; 2020, c. 29, s. 33; 2024, c. 37, s. 15.
Section 228Verify source
§ 229Section 229Provision

Source excerpt

Pre-trial examinations are not allowed if the claimed amount or property value is under $50,000, and they are time-limited.

229. No pre-trial examination is permitted where the amount claimed or the value of the property claimed in the judicial application is less than $50,000. No pre-trial examination may last more than five hours, or in family matters or cases where the value in dispute is less than $100,000, three hours. In the course of the examination, the parties may agree to extend its length from five to seven hours or from three to four hours. Any other extension requires the authorization of the court. 2014, c. 1, a. 229; 2023, c. 3, s. 7.
Section 229Verify source
§ 230Section 230Provision

Source excerpt

On request, the court may end an examination it finds excessive or unnecessary and decide legal costs.

230. The court, on request, may terminate an examination that it considers excessive or unnecessary and, on doing so, rule on the legal costs. 2014, c. 1, a. 230.
Section 230Verify source
§ 231Section 231Provision

Source excerpt

Expert evidence from a qualified expert is meant to help the court understand the evidence.

231. The purpose of expert evidence provided by a qualified expert in the area or matter concerned is to enlighten the court and assist it in assessing evidence. To provide expert evidence is to give an expert opinion, taking into consideration the facts relating to the dispute, on particulars relating to a person’s personal integrity, status or capacity or adaptation to a given set of circumstances, or on factual or real evidence; to determine or audit accounts or other data; to give an expert opinion on the liquidation or partition of property; or to ascertain the state or situation of certain premises or things. 2014, c. 1, a. 231.
Section 231Verify source
§ 232Section 232Provision

Source excerpt

The parties may use expert evidence at the case protocol stage or earlier with court authorization, and they generally cannot seek more than one expert opinion per area of expertise unless the court authorizes otherwise.

232. The parties agree on the need for expert evidence at the case protocol stage or, with the authorization of the court, at any time before the case is ready for trial. The parties cannot seek more than one expert opinion, whether joint or not, per area or matter of expertise, unless the court authorizes otherwise given the complexity or importance of the case or the state of knowledge in the area or matter concerned. 2014, c. 1, a. 232.
Section 232Verify source
§ 233Section 233Provision

Source excerpt

For joint expert evidence, the parties must agree on the parameters, the expert, and the fee and payment method; if they cannot agree, the court decides. A joint expert may require the fee and disbursements to be deposited at the court office before the report is submitted.

233. In the case of joint expert evidence, the parties determine together what parameters must be covered, what expert is to be appointed, what fee is to be paid and how it is to be paid. If the parties fail to agree on any of those points, the matter is decided by the court. A joint expert can require that the expert fee and disbursements be deposited at the court office before submission of the report. If such a deposit has not been required, the joint expert has a right of action against all the parties to the proceeding, who are solidarily liable for the amount due. 2014, c. 1, a. 233.
Section 233Verify source
§ 234Section 234Provision

Source excerpt

The court may appoint qualified experts, on its own initiative, if expert evidence is needed to decide the dispute.

234. At any stage of a proceeding, if it considers that expert evidence is necessary in order to decide the dispute, the court, even on its own initiative, may appoint one or more qualified experts to provide such evidence. The court’s decision defines the expert’s mission, gives the necessary instructions as to how it is to be carried out, sets the time limit within which the expert must submit a report and rules on the expert fee and its payment. The decision is notified to the expert without delay. 2014, c. 1, a. 234.
Section 234Verify source
§ 235Section 235Provision

Source excerpt

Experts must give opinions on submitted points, respond to requests for qualification/work details, follow set time limits, and sign and attach a mission declaration; bailiffs instead make an ascertainment.

235. Experts are required to give an opinion on the points submitted to them or, in the case of bailiffs, to make an ascertainment. Experts are required, on request, to provide the court and the parties with details on their professional qualifications, the progress of the work and the instructions received from a party; they are also required to comply with the time limits given to them. They may, if necessary to carry out their mission, request directives from the court; such a request is notified to the parties. Experts act under their professional oath. If an expert has not sworn a professional oath, the parties or the court may require that the expert be sworn in. In addition, experts must sign a declaration regarding the carrying out of their mission, corresponding to the model established by the Minister of Justice, and attach it to their report. 2014, c. 1, a. 235.
Section 235Verify source
§ 236Section 236Provision

Source excerpt

Court-appointed experts may inspect documents, premises, and—if authorized by the court—take testimony under oath; they must preserve and certify that testimony and give the parties at least five days’ notice before operations begin.

236. Court-appointed experts act under the court’s authority to gather the evidence required to carry out their mission. They may examine any document or thing, visit any premises and, with the authorization of the court, take testimony under oath. They must preserve such testimony and certify its origin and integrity. Experts are required to give the parties at least five days’ notice of when and where their operations are to begin. 2014, c. 1, a. 236.
Section 236Verify source
§ 237Section 237Provision

Source excerpt

An expert who lacks the required qualifications or is seriously remiss in carrying out the mission may be replaced or disavowed.

237. An expert who does not have the required qualifications or who is seriously remiss in carrying out their mission may be replaced or disavowed, including at a case management conference, on the court’s initiative or on a party’s request. 2014, c. 1, a. 237.
Section 237Verify source
§ 238Section 238Provision

Source excerpt

An expert report must be brief, include enough detail for the court to assess the facts and reasoning, and state the analytical methodology used.

238. An expert report must be brief but provide sufficient details to enable the court to make its own assessment of the facts set out in the report and of the reasoning that led to the conclusions drawn by the expert. It must mention the analytical methodology used. Any testimony taken by the expert is attached to the report and forms part of the evidence. The expert’s conclusions are not binding on the court or on the parties, unless the parties declare that they accept them. 2014, c. 1, a. 238.
Section 238Verify source
§ 239Section 239Provision

Source excerpt

A joint or court-appointed expert must submit an operations report to the parties and file a copy with the court office before the time limit expires. An expert appointed by one party must submit the report to that party; if the party wants to use it, it must disclose the report to the other parties and file it in the court record within the prescribed disclosure time limits.

239. A joint or court-appointed expert submits an operations report, with conclusions, to the parties and files a copy with the court office before the expiry of the time limit given. An expert appointed by one party submits the report to the party, which, if it intends to use the report, must disclose it to the other parties and file it in the court record within the prescribed time limits for disclosure of evidence. 2014, c. 1, a. 239.
Section 239Verify source
§ 240Section 240Provision

Source excerpt

The expert may have to explain the report and meet the parties before trial, the parties may call experts together if reports conflict, and the court may order the experts to meet and file an additional report.

240. After the report has been filed but before the trial begins, the joint or court-appointed expert must, if the court so requires or on the parties’ request, provide clarifications on certain aspects of the report and meet the parties to discuss the expert’s opinions ahead of the trial. If conflicting expert reports are filed, the parties may call the experts to a meeting so that they may reconcile their opinions, identify the points on which they differ and, if necessary, prepare an additional report on those points. At any stage of the proceeding, the court, even on its own initiative, may order the experts to meet and file an additional report within a specified time. 2014, c. 1, a. 240.
Section 240Verify source
§ 241Section 241Provision

Source excerpt

Before trial, a party may ask to dismiss an expert report for irregularity, substantial error, or bias.

241. Before the trial begins, a party may apply for the dismissal of an expert report on the grounds of irregularity, substantial error or bias, in which case the application must be notified to the other parties within 10 days after the party becomes aware of the grounds for dismissing the report. If the court considers the application well-founded, it orders that the report be corrected or that it be withdrawn. In the latter case, the court may allow other expert evidence to be appointed. It may also, to the extent it specifies, reduce the amount of the fee payable to the expert or order that the expert repay any amount already received. 2014, c. 1, a. 241; I.N. 2016-12-01.
Section 241Verify source
§ 242Section 242Provision

Source excerpt

This section limits when physical, mental, and psychosocial examinations can be required or conducted.

242. A party, the person who is the subject of an application relating to personal integrity, status or capacity, or the person who suffered the injury having given rise to the dispute cannot be required to undergo a physical or mental examination unless their physical or mental condition must be considered in order to rule on the matter. Even in such a case, the examination must be warranted given the nature, complexity and purpose of the judicial application. A psychosocial examination may be only requested in cases where personal integrity, status or capacity is at issue and if such an examination is necessary in order to rule on the matter. In family matters, a psychosocial examination cannot be conducted unless the person concerned consents to it or, in cases where the parents differ on the advisability of themselves or their child being subjected to such an examination, the court orders it. 2014, c. 1, a. 242.
Section 242Verify source
§ 243Section 243Provision

Source excerpt

A party seeking certain examinations must give at least 10 days’ notice, identify the expert, and prepay witness-style indemnities and allowances unless the person is otherwise compensated. The person may be accompanied by an expert of their choice at their own expense.

243. A party that requires a physical or mental examination or requests a psychosocial examination must notify at least 10 days’ notice of the place, date and time of the examination to the person concerned and the other parties’ lawyers. The party must give the person the name of the expert responsible for conducting the examination and pay to the person in advance the indemnities and allowances payable to a witness, unless the person is otherwise compensated. The person, at their own expense, may be accompanied during the examination by the expert of their choice. 2014, c. 1, a. 243.
Section 243Verify source
§ 244Section 244Provision

Source excerpt

On application, the court may stop an examination or change its conditions to protect personal integrity and respect, and may order a further examination by a court-appointed expert if needed to decide the matter.

244. The court can, on an application, stop an examination from taking place or change the conditions of an examination, despite an agreement between the parties, if it considers it appropriate in order to protect the person’s right to personal integrity and respect. If it considers it necessary in order to decide the matter, the court, on an application, may order the person to undergo another examination by a court-appointed expert. The place, date, time and conditions of the examination are specified in the order. The examination is conducted at the expense of the party that applied for it. 2014, c. 1, a. 244.
Section 244Verify source
§ 245Section 245Provision

Source excerpt

If needed to determine a party’s or applicant-related person’s physical or mental condition, the court may order the record holder to disclose the record to a party and allow copying of relevant evidence.

245. If necessary in order to determine the physical or mental condition of a party or of the person who is the subject of the application or who suffered the injury having given rise to the dispute, the court may order Santé Québec or, as applicable, the health and social services institution holding the record of the person who is to undergo an examination or whose death has given rise to an application based on civil liability to disclose that record to a party and allow the party to make a copy of the information that is relevant as evidence. 2014, c. 1, a. 245; 2023, c. 34, s. 961.
Section 245Verify source
§ 246Section 246Provision

Source excerpt

The case protocol must set the procedure and time limit for disclosing exhibits and other evidence, unless the court decides otherwise or the exhibits have already been disclosed.

246. Unless otherwise determined by the court or unless the exhibits have already been disclosed, the procedure and the time limit for the disclosure of exhibits and other evidence between the parties must be set out in the case protocol in compliance with the rules of this chapter. If the case protocol sets out no such procedure or time limit or if no case protocol is required, a party, on being informed that another party intends to use an exhibit or other evidence, may, without formality, request a copy of, or some other form of access to, the exhibit or other evidence. If the request is not complied with within 10 days, the court issues such orders as are appropriate. 2014, c. 1, a. 246; 2020, c. 29, s. 34.
Section 246Verify source
§ 247Section 247Provision

Source excerpt

Exhibits for a judicial application must be listed in the summons to the defendant, and exhibits for a pleading must be listed in the pleading or in a notice attached to it.

247. The exhibits in support of a judicial application must be listed in the summons to the defendant; those in support of a pleading must be listed in the pleading or in a notice attached to it. No notice is required if copies of the exhibits are delivered to the other parties when the application or the pleading is notified to them. 2014, c. 1, a. 247.
Section 247Verify source
§ 248Section 248Provision

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248. A party in possession of evidence it intends to use at trial must send it to the other parties not later than with the declaration accompanying the request for setting down for trial. The party is dispensed from doing so if the

248. A party in possession of evidence it intends to use at trial must send it to the other parties not later than with the declaration accompanying the request for setting down for trial. The party is dispensed from doing so if the evidence is an exhibit in support of a pleading or if the case protocol provides otherwise. In any other case, the evidence must be sent to the other parties within 30 days after the order to set down for trial is issued or the date of the trial is set, unless the court determines another time limit. A party that has failed to so disclose evidence cannot produce it at trial except with the authorization of the court. 2014, c. 1, a. 248; I.N. 2016-12-01.
Section 248Verify source
§ 249Section 249Provision

Source excerpt

If a party cannot provide a copy of an exhibit or other evidence, it must provide some other form of access. If the parties cannot agree, they may ask the judge to decide the procedure and time limit for disclosure.

249. A party that is unable, because of the circumstances or the nature of an exhibit or other evidence, to deliver a copy to a party that requested one is required to provide some other form of access to the exhibit or other evidence. If the parties cannot agree, they may ask the judge to determine the procedure and the time limit for such disclosure. 2014, c. 1, a. 249.
Section 249Verify source
§ 250Section 250Provision

Source excerpt

The parties must file exhibits and other evidence by the required deadline before trial, unless they were already filed for the pre-trial conference. In default cases, they must file them with the request for judgment. The court may set a different delivery time.

250. Unless they have already been filed with the court office for the purposes of the pre-trial conference, exhibits and other evidence must be filed by the parties at least 15 days before the scheduled trial date, or at least three days before that date if the trial is to be held within 15 days. However, in all instances, the court may require that exhibits and other evidence be delivered to it within the time it specifies. When a case proceeds following the defendant’s default, exhibits and other evidence must be filed with the court office with the request for setting down for judgment. 2014, c. 1, a. 250.
Section 250Verify source
§ 251Section 251Provision

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A person holding real evidence must present, submit, and preserve it in specified circumstances, and a third person may be ordered by the court to disclose, present, submit, or preserve relevant documents or real evidence.

251. A party in possession of real evidence is required, on request, to present it to the other parties or, subject to the conditions agreed with them, to submit it to an expert; the party is also required to preserve, until the end of the trial, the real evidence or, if applicable, a suitable representation that shows its current state. A third person holding a document relating to a dispute or in possession of real evidence is required, if so ordered by the court, to disclose it, present it to the parties, submit it to an expert or preserve it. 2014, c. 1, a. 251.
Section 251Verify source
§ 252Section 252Provision

Source excerpt

A party must disclose exhibits and other evidence used in support of an application as soon as possible, and real evidence must be made available as soon as possible before the hearing.

252. The exhibits and other evidence used by a party in support of an application in the course of a proceeding must be disclosed to the other party as soon as possible or, in the case of real evidence, made available to the other party as soon as possible before the hearing. Otherwise, the exhibits and other evidence cannot be produced except with the authorization of the court. 2014, c. 1, a. 252.
Section 252Verify source
§ 253Section 253Provision

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A person in danger of losing evidence may examine certain witnesses or property, but must first get the other party’s consent or the court’s authorization.

253. A person who expects to become a party to a dispute and has reason to apprehend that some necessary evidence might be lost or become difficult to produce may examine witnesses whom the person fears may be absent, may die or may become incapacitated, or have a thing or property whose state may affect the outcome of the dispute inspected. The person must obtain the consent of the prospective plaintiff or defendant or the authorization of the court. A person who carries out work on an immovable that might damage a neighbouring immovable may apply for an inspection of the neighbouring immovable without being required to show that a dispute is likely. 2014, c. 1, a. 253.
Section 253Verify source
§ 254Section 254Provision

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An application to the court for inspection-related relief must include specified contact details, facts, descriptions, and the proposed inspector’s details, be brought before the court where the potential dispute could be heard, and be notified at least five days before the scheduled presentation date.

254. The application to the court must, in addition to stating the reasons for the applicant’s apprehension, include the names and contact information of all interested persons and of the witnesses to be heard, the facts that suggest that a dispute may arise and a description of the nature of the potential dispute, the facts to be dealt with by the examination, the description and situation of the thing or property to be inspected, the purpose of the inspection, and the name and contact information of the person who is to make the inspection. The application is presented before the court before which the potential dispute could be brought, as if it were an application in the course of a proceeding. The application must be notified, at least five days before its scheduled presentation date, to the interested persons and to any third person holding the thing or property to be inspected. 2014, c. 1, a. 254; I.N. 2016-12-01.
Section 254Verify source
§ 255Section 255Provision

Source excerpt

If the application is granted, the parties decide where and when witnesses will be heard or property will be inspected, unless the decision already तयlly determines the inspection method.

255. If the application is granted, the parties agree on where and when the witnesses will be heard or the thing or property inspected; how the thing or property will be inspected is determined by the parties unless already determined by the decision. The discovery costs are borne by the applicant. However, if the evidence is subsequently used in a proceeding, the cost of the authorized depositions and expert reports forms part of the legal costs. 2014, c. 1, a. 255.
Section 255Verify source
§ 256Section 256Commencement

Source excerpt

Each party keeps the depositions and expert reports for use in the proceeding for which discovery was conducted.

256. The depositions and expert reports are kept by each of the parties for use by any of them in the proceeding in anticipation of which the discovery was conducted. If a proceeding is commenced, the evidence gathered during discovery does not prevent the witnesses or experts from being called to be examined anew, nor does it adversely affect any grounds of objection that a party may later wish to raise against the actual admissibility of the evidence so gathered. 2014, c. 1, a. 256.
Section 256Verify source
§ 257Section 257Provision

Source excerpt

257. Before the trial begins, a party to the proceeding, with the authorization of the court, may examine witnesses whom the party fears may be absent, may die or may become incapacitated, or have a thing or property which may be lost and

257. Before the trial begins, a party to the proceeding, with the authorization of the court, may examine witnesses whom the party fears may be absent, may die or may become incapacitated, or have a thing or property which may be lost and whose state may affect the outcome of the dispute inspected by a person of the party’s choice. If the court grants its authorization, the parties agree on where and when the witnesses will be heard or the thing or property inspected; in the latter case, how the thing or property is to be inspected is determined by the parties unless already determined by the decision. The discovery costs form part of the legal costs if the evidence is filed in the court record. The depositions and expert reports do not prevent the witnesses or experts from being called to be examined anew, nor do they adversely affect any grounds of objection that a party may later wish to raise against the actual admissibility of the evidence so gathered. 2014, c. 1, a. 257.
Section 257Verify source
§ 258Section 258Provision

Source excerpt

A party may ask the court to declare an authentic act a forgery during a proceeding.

258. In the course of a proceeding, a party may ask that an authentic act intended to be used at trial by that party or another party or already filed in the record be declared a forgery. Such an application may be made at any time before judgment, but after evidence is closed, it may be granted only if it is shown that the party had no earlier knowledge of the forgery. 2014, c. 1, a. 258.
Section 258Verify source
§ 259Section 259Provision

Source excerpt

Before alleging forgery, a party must notify the other parties and ask whether they intend to use the contested act.

259. Before raising the allegation of forgery, the party must notify a notice to the other parties, asking them to declare whether or not they intend to use the contested act. If the other parties do not respond within 10 days or if they declare that they do not intend to use the act, it cannot be produced at trial and, if already filed, is removed from the record. If the other parties declare that they intend to use the act, the party raising the allegation of forgery presents its application before the court for a ruling. The grounds in support of the allegation of forgery must be set out in an affidavit notified to all the parties and to the public officer who is in possession of the original of the act. 2014, c. 1, a. 259.
Section 259Verify source
§ 260Section 260Provision

Source excerpt

If the original of an allegedly forged act has not already been filed, the court may order the custodian to file it, or instead allow an authentic copy to be filed if the original cannot be surrendered.

260. If the original of the act alleged to be a forgery has not already been filed in the record, the court, on request, may order the person who has custody of the original to file it with the court office within a specified time. If the custodian cannot surrender the original, the court may instead order that an authentic copy of the original be filed; the court may nevertheless order the filing of the original if it judges it essential. The judgment ruling on the allegation of forgery also determines, if necessary, to whom the original is to be delivered. 2014, c. 1, a. 260.
Section 260Verify source
§ 261Section 261Provision

Source excerpt

A party may ask the court to declare a certificate false or inaccurate, and the court may authorize correction of errors.

261. A party may ask that a certificate issued by a bailiff or other court officer, or any person authorized to make a return of notification, be declared false or inaccurate. However, the court may authorize the correction of errors in the certificate. The parties may, at any time before a decision is rendered, give the court officer their consent to a correction. 2014, c. 1, a. 261.
Section 261Verify source
§ 262Section 262Provision

Source excerpt

262. If the formalities required to establish the validity of an exhibit or other document were not observed, a party may, not later than at the time of setting down for trial and judgment, ask that the exhibit or document not be admitted

262. If the formalities required to establish the validity of an exhibit or other document were not observed, a party may, not later than at the time of setting down for trial and judgment, ask that the exhibit or document not be admitted in evidence. The party may also do so if it disowns the exhibit or document, does not recognize its origin or contests the integrity of the information it contains. A party that intends to contest the origin or integrity of a document must specify, in an affidavit, the facts and grounds that support the party’s claim and make it probable. 2014, c. 1, a. 262.
Section 262Verify source
§ 263Section 263Provision

Source excerpt

If a contested document is a semi-authentic act and only a copy is in the record, the party wanting to use it must prove its semi-authentic character.

263. If the contested document is a semi-authentic act and only a copy has been filed in the record, the party that intends to use the document is required to prove its semi-authentic character. The court may direct the person who has custody of the original to deliver it to the court office, which must in return provide a certified copy, at the contesting party’s expense. If the custodian cannot surrender the original, the court may order that a certified copy be filed with the court office within a specified time. 2014, c. 1, a. 263.
Section 263Verify source
§ 264Section 264Provision

Source excerpt

A party may serve a formal notice requiring another party to admit or deny the origin or integrity of evidence.

264. A party may give another party a formal notice to admit the origin of a document or the integrity of the information it contains. The formal notice must be notified at least 30 days before the trial. If the document or other evidence has not already been disclosed, a suitable representation of it or, in the absence of such a representation, particulars on how to access it must be attached. The party having been given the formal notice admits or denies the origin or integrity of the evidence in an affidavit giving reasons, and notifies the affidavit to the other party within 10 days. Failure to respond to the formal notice is deemed an admission of the origin and integrity of the evidence, but not of the truth of its contents. 2014, c. 1, a. 264.
Section 264Verify source
§ 265Section 265Provision

Source excerpt

This section sets the order of a trial: evidence comes first, then oral argument, with rules for rebuttal, replies, and when further addresses need leave of the court.

265. A trial consists of the evidence stage, followed by oral argument, in which parties make their addresses to the court. During the evidence stage, the party on which the burden of proof lies examines its witnesses first; the other party then submits its evidence, after which the first party may submit evidence in rebuttal. The court may allow the examination of other witnesses. After evidence is closed, the party on which the burden of proof lies presents its arguments first, followed by the other party. The first party may reply and, if the reply raises any new point of law, the other party may answer. No other address to the court may be made without leave of the court. If the circumstances so require, the court may adjourn a trial subject to the conditions it determines. In such a case, it immediately sets another date or asks the court clerk to set the case down again for trial so that a new date may be set. 2014, c. 1, a. 265.
Section 265Verify source
§ 266Section 266Substitution

Source excerpt

If a party does not produce witnesses or explain their absence on the day of trial, the evidence is closed. The court may adjourn if the party shows diligence, necessity, and no contrivance; the adjournment can be avoided if the other party agrees to sworn substitute evidence and admits the facts.

266. If, on the day of the trial, a party does not produce witnesses or fails to justify the absence of its witnesses, its evidence is declared closed. However, if the party proves that it has been diligent and shows that the absent witness is necessary and that the witness’s absence is not due to any contrivance on its part, the court may adjourn the trial. The adjournment can be avoided if the other party consents to the party stating under oath the facts the defaulting witness would have related, and either admits the truth of those facts or admits that the witness would have testified to those facts. 2014, c. 1, a. 266.
Section 266Verify source
§ 267Section 267Provision

Source excerpt

During the evidence stage, the court may issue an appropriate order to inspect premises and verify disputed facts, or ask a bailiff to check the state or condition of certain premises or things.

267. During the evidence stage, the court may issue any appropriate order allowing it to inspect the premises in order to verify disputed facts and make the observations it considers necessary in order to resolve the dispute; the court may instead ask a bailiff to ascertain the state or condition of certain premises or things. 2014, c. 1, a. 267.
Section 267Verify source
§ 268Section 268Provision

Source excerpt

Before judgment, the court may point out deficiencies in the proof or procedure and let the parties fix them, under conditions it sets.

268. At any time before judgment, the court may draw the parties' attention to any deficiency in the proof or procedure and authorize the parties to remedy it, subject to the conditions it determines. 2014, c. 1, a. 268; I.N. 2016-12-01.
Section 268Verify source
§ 269Section 269Provision

Source excerpt

Witnesses must be called to court by subpoena, generally at least 10 days before the scheduled attendance date.

269. Witnesses are called to attend at court by a subpoena issued by a judge, a court clerk acting on a party’s request or a lawyer. They must be called at least 10 days before the time at which they are scheduled to attend at court, unless there are urgent circumstances and the judge or court clerk shortens the notification period. However, the notification period cannot be shortened to less than 24 hours. The decision to shorten the notification period must be recorded on the subpoena. A witness who is confined in an institution governed by health services and social services legislation or held in a detention centre or a penitentiary is called to attend at court to testify by an order addressed to the institution’s most senior officer or the jailer by a judge or a court clerk. 2014, c. 1, a. 269; 2023, c. 34, s. 962.
Section 269Verify source
§ 270Section 270Provision

Source excerpt

Witnesses may be called to give factual evidence, expert opinion, or documents; notaries, land surveyors, and bailiffs are restricted in when they can be called.

270. Witnesses may be called to give an account of facts of which they have personal knowledge, to give an opinion as an expert or to produce a document or other evidence. Notaries and land surveyors cannot be called for the sole purpose of producing an authentic copy of an act executed en minute, unless the document has been alleged to be a forgery. Bailiffs cannot be called to testify about facts or admissions they may have become aware of in the course of notifying a pleading. 2014, c. 1, a. 270.
Section 270Verify source
§ 271Section 271Provision

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A subpoena must state the application, attendance details, and witness information, and it must mention witnesses’ right to request an advance on indemnities and allowances.

271. A subpoena must state the nature of the application, specify where and when the witness is to attend at court and mention that witnesses have the right to request an advance on any indemnities and allowances to which they may be entitled. The subpoena must be in keeping with the model established by the Minister of Justice and provide information on such matters as the role, rights and duties of witnesses and the consequences incurred by witnesses who fail to attend. 2014, c. 1, a. 271.
Section 271Verify source
§ 272Section 272Provision

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A person present at a hearing may be required to testify as if under subpoena, and a person cannot refuse to answer questions because no advance for expenses was received.

272. Any person present at a hearing may be required to testify as if under subpoena. A person cannot refuse to answer questions under pretext of not having received an advance for expenses. 2014, c. 1, a. 272.
Section 272Verify source
§ 273Section 273Provision

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A party who summons a witness must send an advance with the subpoena for the first day of court attendance, covering prescribed loss-of-time and travel, meal, and overnight accommodation allowances.

273. A party that calls a witness, other than another party, sends with the subpoena an advance, covering the first day of attendance at court, on the loss of time indemnity and the travel, meal and overnight accommodation allowances prescribed by government regulation. The calling party is dispensed from this obligation for expenses which it covers directly or for which the witness is otherwise compensated. 2014, c. 1, a. 273.
Section 273Verify source
§ 274Section 274Provision

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A person who has been called and has received the prescribed advance must attend court, or the court may compel attendance and impose costs if the person fails to appear.

274. A person who has been called and has received the prescribed advance is required to attend at court under pain of being compelled. If the person fails to attend and the court considers that their testimony would be useful, it may order them to pay all or part of the costs caused by the failure to attend and issue a warrant for witness, which is executed by a bailiff. The person may be held in custody under the warrant until they testify or are released subject to conditions determined by the court. Examination of any witness held in custody must begin without delay. 2014, c. 1, a. 274; 2020, c. 12, s. 60.
Section 274Verify source
§ 275Section 275Provision

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A witness who is entitled to indemnity and allowances may claim payment from the calling party.

275. A witness entitled to an indemnity and allowances may pursue payment of the amount owed them against the calling party. A certificate of the court clerk attesting to the witness’s attendance and to the amount due to them is equivalent to an immediately enforceable judgment. 2014, c. 1, a. 275.
Section 275Verify source
§ 276Section 276Provision

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Most people are presumed competent to testify and may be compelled to testify; a person is not competent if young age or a physical or mental condition prevents them from relating known facts.

276. All persons are presumed competent to testify and may be compelled to do so. However, persons who, because of their young age or physical or mental condition, are unable to relate the facts of which they have knowledge are not competent to testify. 2014, c. 1, a. 276; I.N. 2016-12-01.
Section 276Verify source
§ 277Section 277Provision

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Before testifying, witnesses must state their name and residence and swear to tell the truth. If revealing an address would endanger safety, the court may excuse that disclosure and issue appropriate orders.

277. Before testifying, witnesses must state their name and place of residence and swear under oath to tell the truth, the whole truth and nothing but the truth. However, if the disclosure of their address gives cause to fear for their safety, the court may dispense them from disclosing it and issue such orders as are appropriate. A refusal to take the oath constitutes a refusal to testify; if it persists, it constitutes contempt of court. 2014, c. 1, a. 277.
Section 277Verify source
§ 278Section 278Provision

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Witnesses are entitled to court protection against intimidation and abusive examination while testifying.

278. Witnesses are entitled to the protection of the court against any intimidation tactics while they are testifying and against any abusive examination. The court may, on application or on its own initiative, prevent an unrepresented party from examining or cross-examining the other party or a child, where the unrepresented party has been indicted or is subject to an order, an undertaking or a recognizance under the Criminal Code (R.S.C. 1985, c. C-46) concerning that other party or that child in relation to family violence, which includes spousal violence, or to sexual violence, or where the unrepresented party is subject to a civil protection order or to an application, agreement or decision relating to youth protection also concerning that other party or that child or where the court considers that such a context of violence exists. In such a case, the court orders that a lawyer be designated to conduct the examination or cross-examination. 2014, c. 1, a. 278; 2022, c. 22, s. 141.
Section 278Verify source
§ 279Section 279Provision

Source excerpt

This section sets rules for examining witnesses in defended proceedings, including remote testimony, witness sequestration requests, and court control over how testimony is heard.

279. In any defended proceeding, the witnesses are examined at the hearing, the other parties being present or having been duly called. A party may request that witnesses testify without knowledge of the testimony given by other witnesses. However, barring exceptional circumstances, no such request may be made in the case of expert witnesses. A witness who has been examined before the trial may be examined anew during the trial on a party’s request. A witness, with the authorization of the court, or a party that has filed with the court office a certificate confirming that it has gone to an assistance organization for persons who are victims that is recognized by the Minister of Justice for help as a victim of family, spousal or sexual violence on the part of a party or of another witness in the proceeding, may, at their choice, testify at a distance or by means of a device allowing them not to see that party or other witness. The witness or party may also be accompanied by someone they consider capable of providing assistance or reassurance. In addition, the witness or party may be accompanied by a dog specifically trained for assistance in court and by the dog’s handler, if applicable. If it is necessary to examine a witness at a distance, the technological means used must allow the witness to be identified, heard and seen live. The court may however decide, after consulting the parties, to hear a witness without the witness being seen. The court may also order the witness to testify in person if it considers that testimony at a distance does not allow the court to assess the witness’s credibility. 2014, c. 1, a. 279; 2024, c. 37, s. 9.
Section 279Verify source
§ 280Section 280Provision

Source excerpt

Witnesses are examined by the calling party or that party’s lawyer, and questioning must stay relevant and not lead the witness unless an exception applies.

280. Witnesses are examined by the calling party or that party’s lawyer. Questions must pertain only to the facts relevant to the dispute. They cannot be put in such a way as to suggest the desired answer; however, a leading question will be allowed if the witness is clearly trying to elude a question or to favour another party or, being a party, is adverse in interest to the examining party. When the party has finished examining a witness it has called, any other party adverse in interest may cross-examine the witness on any fact relevant to the dispute and in any manner show cause for rebutting the witness’s testimony. The witness may be called again by the calling party, either to be examined on new facts revealed on cross-examination or to explain answers to the questions asked by another party. Subject to the rules of evidence, the court may ask the witness any question it considers useful. 2014, c. 1, a. 280.
Section 280Verify source
§ 281Section 281Provision

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A party that called a witness may challenge that witness’s credibility in limited ways, including by other witnesses and, with leave of the court, by prior inconsistent statements.

281. The party that called a witness may attack the credibility of the witness’s testimony by proving the opposite through other witnesses. With leave of the court, the party may also do so by proving that the witness made previous statements which are inconsistent with their present testimony, provided the witness is first questioned about this. 2014, c. 1, a. 281.
Section 281Verify source
§ 282Section 282Provision

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Witnesses cannot be compelled to disclose communications made to them by their spouse during their community of life.

282. Witnesses cannot be compelled to disclose any communication that may have been made to them by their spouse during their community of life. 2014, c. 1, a. 282.
Section 282Verify source
§ 283Section 283Provision

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Public servants called as witnesses cannot be compelled to disclose information obtained in their functions if disclosure would be contrary to the public interest.

283. Public servants called as witnesses cannot, given their duty of discretion, be compelled to disclose information obtained in the exercise of their functions if disclosing it would be contrary to the public interest. The public interest reasons must be set out, for consideration by the court, in an affidavit by the minister or deputy minister to whom the public servant answers. 2014, c. 1, a. 283.
Section 283Verify source
§ 284Section 284Provision

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Witnesses cannot be compelled to testify if the testimony would breach professional secrecy, except as provided in section 9 of the Charter of human rights and freedoms.

284. Except to the extent provided for in section 9 of the Charter of human rights and freedoms (chapter C-12), witnesses cannot be compelled if their testimony would violate professional secrecy. The court, on its own initiative, ensures that professional secrecy is respected. 2014, c. 1, a. 284.
Section 284Verify source
§ 285Section 285Provision

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Witnesses cannot refuse to answer on self-incrimination grounds, and their answers generally cannot be used against them except in perjury or contradictory-testimony prosecutions.

285. Witnesses cannot refuse to answer a question on the grounds that the answer may tend to incriminate them or expose them to a judicial proceeding of any kind; their answers cannot be used against them, except if they are prosecuted for perjury or for the giving of contradictory testimony. 2014, c. 1, a. 285.
Section 285Verify source
§ 286Section 286Provision

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A witness in possession of relevant evidence must produce it on request.

286. A witness who is in possession of a document or other evidence that is relevant to the dispute is required to produce it on request. A copy of the evidence made, and certified as being true to the original, by the court clerk, has the same probative force as the original. 2014, c. 1, a. 286.
Section 286Verify source
§ 287Section 287Provision

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The court may order a party to produce real evidence for identification at the appropriate time and place.

287. The court may order a party to produce, at the appropriate time, in the courtroom or in any other suitable place, any real evidence in its possession that a witness is called on to identify. If the party does not obey the order, the evidence is deemed identified, unless the court relieves the party from the default before the judgment is rendered. 2014, c. 1, a. 287.
Section 287Verify source
§ 288Section 288Provision

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A witness commits contempt of court by refusing to answer a question without valid cause, or by withholding relevant evidence in the witness’s possession from the court.

288. A witness who refuses to answer a question without valid cause is guilty of contempt of court, as is a witness who is in possession of relevant evidence and refuses to produce it or to make it available to the court. 2014, c. 1, a. 288.
Section 288Verify source
§ 289Section 289Provision

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A witness may not withdraw without the court’s leave, and must re-attend if the deposition is not finished on the first day.

289. A witness cannot withdraw without leave of the court. If the deposition cannot be completed on the first day of attendance at court, the witness is required to re-attend on the next working day or at any other time specified by the court. A witness who withdraws without leave or fails to re-attend is subject to the same sanctions as a witness who fails to attend. 2014, c. 1, a. 289.
Section 289Verify source
§ 290Section 290Provision

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When the court hears a minor or an incapable adult, that person may be accompanied by someone who can provide assistance or reassurance.

290. When the court is to hear a minor or an incapable person of full age, the minor or person may be accompanied by someone capable of providing assistance or reassurance. 2014, c. 1, a. 290.
Section 290Verify source
§ 291Section 291Provision

Source excerpt

A judge may examine a minor or an incapable adult in court, in chambers, or sometimes elsewhere, with party notice and, in some cases, outside the parties’ حضور.

291. The judge may examine a minor or an incapable person of full age in the courtroom or in chambers. If it is in the interests of an incapable person of full age to do so, the court, after advising the parties, may examine the person where they reside or are confined, or in any other suitable place. If the circumstances so require, the judge, after advising the parties, may examine the minor or person outside their presence. The examination by a judge in chambers, or elsewhere outside the courtroom, is conducted in the presence of the court clerk and, if the minor or person is represented by a lawyer, the person’s lawyer. The parties’ lawyers attend the examination unless the judge decides to examine the minor or person outside their presence, in which case the judge’s decision must give reasons. The deposition is recorded and sent to the parties on request. 2014, c. 1, a. 291.
Section 291Verify source
§ 292Section 292Provision

Source excerpt

A party may use an affidavit, including a bailiff’s ascertainment, as testimony if it only proves a secondary fact and has been notified to the other parties. Another party may, before the scheduled trial date, require the witness to appear at the evidence stage or seek court authorization to examine the witness outside the court’s presence.

292. A party may produce as testimony, besides a statement admissible under the Book on Evidence in the Civil Code, the affidavit, including a bailiff’s ascertainment, provided the affidavit is only designed to prove a fact that is secondary to the dispute and has been notified to the other parties beforehand. Any other party may, before the scheduled trial date, require the witness’s presence at the evidence stage of the trial or obtain the authorization of the court to examine the witness outside the presence of the court. 2014, c. 1, a. 292.
Section 292Verify source
§ 293Section 293Provision

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293. The report of an expert stands in lieu of their testimony. To be admissible, the expert report must have been disclosed to the parties and filed in the record within the time limits for disclosure and filing of evidence. Otherwise, it

293. The report of an expert stands in lieu of their testimony. To be admissible, the expert report must have been disclosed to the parties and filed in the record within the time limits for disclosure and filing of evidence. Otherwise, it may be admitted only if it was made available to the parties by another means in a timely manner so that they could react and determine whether the expert’s presence might be useful. It may however be admitted outside such time frames with leave of the court. 2014, c. 1, a. 293.
Section 293Verify source
§ 294Section 294Provision

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Parties may examine certain experts for clarification, opinion on new evidence, or other purposes with court authorization, and an adverse party may cross-examine another party’s expert. A party cannot challenge the expert report for irregularity, substantial error, or bias unless it could not have discovered the issue before trial despite diligence.

294. Each of the parties may examine an expert that it has appointed, a joint expert or a court-appointed expert to obtain clarifications on points covered in the expert report or to obtain the expert’s opinion on new evidence introduced during the trial; they may also examine such an expert for other purposes, with the authorization of the court. A party adverse in interest may cross-examine an expert appointed by another party. The parties cannot, however, raise a ground of irregularity, substantial error or bias against the expert report unless they were unable, despite their diligence, to know of the irregularity, substantial error or bias before the trial. 2014, c. 1, a. 294; I.N. 2016-12-01.
Section 294Verify source
§ 295Section 295Provision

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An examination may be held outside the court if the court grants leave or the parties agree.

295. With leave of the court or if the parties so agree, an examination may be conducted outside the presence of the court at the place and time determined by the court or jointly by the parties. The deposition of the witness is heard, all parties being present or having been duly called. It is recorded and filed in the record and has the same force and effect as if it had been given before the court. 2014, c. 1, a. 295.
Section 295Verify source
§ 296Section 296Provision

Source excerpt

If a witness cannot attend because of illness, disability, or remote location, the court may order a distant examination or appoint a commissioner.

296. If an illness or a disability prevents a witness from attending the hearing, the court, even on its own initiative, may order that the witness be examined at a distance using a technological means, or appoint a commissioner to take the witness’s testimony. The court may do likewise in order to avoid unnecessary travel by a witness living in a remote location. If the court chooses to appoint a commissioner, it gives the commissioner the necessary instructions; it also sets the time within which the examination is to be conducted and the commissioner’s report is to be filed, and determines the amount to be advanced to the commissioner to cover costs. The examination is taken down in writing or recorded, and certified by the commissioner; the commissioner is authorized to make copies of any documents the witness exhibits but is not willing to surrender. The examination together with the exhibits produced by the witness are disclosed to the parties and to the court. A party that wishes to be represented at the examination must advise the commissioner in sufficient time and designate a representative, who must be given five days’ notice of the date and place of the examination. 2014, c. 1, a. 296.
Section 296Verify source
§ 297Section 297Provision

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Objections during a witness examination outside the court do not stop the examination, and the witness must answer unless the objection concerns compellability, fundamental rights, or a substantial and legitimate interest.

297. Objections raised during the examination of a witness outside the presence of the court do not prevent the examination from continuing, the witness being required to answer. However, if such objections pertain to the fact that the witness cannot be compelled, to fundamental rights or to an issue raising a substantial and legitimate interest, the witness may refrain from answering. In all such cases, the objections are submitted to a judge as soon as possible for a decision. 2014, c. 1, a. 297.
Section 297Verify source
§ 298Section 298Provision

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The court may use an interpreter to help examine a witness.

298. To facilitate the examination of a witness, the court may retain the services of an interpreter. The interpreter’s remuneration is borne by the Minister of Justice if one of the parties is a beneficiary, in the judicial districts of Abitibi and Roberval, under the agreement approved by the Act approving the Agreement concerning James Bay and Northern Québec (chapter C-67) or, in the judicial district of Mingan, under the agreement approved by the Act approving the Northeastern Québec Agreement (chapter C-67.1). 2014, c. 1, a. 298.
Section 298Verify source
§ 299Section 299Provision

Source excerpt

A witness with a hearing or speech disability may take the oath and testify by any means that lets them express themselves.

299. A witness who is unable to hear or to speak by reason of a disability may take the oath and testify by any means enabling them to express themselves. If such means are unavailable, the witness may be assisted by an interpreter, whose remuneration is borne by the Minister of Justice. 2014, c. 1, a. 299.
Section 299Verify source
§ 300Section 300Provision

Source excerpt

Depositions are recorded to preserve and reproduce testimony. The Minister of Justice provides the court’s recording systems, and when an examination is held outside court the parties must arrange recording by an official stenographer or another suitable method to protect integrity. Any transcript filed with the court must be made by an official stenographer.

300. Depositions by witnesses are recorded so that the testimony can be preserved and reproduced. The Minister of Justice provides the court with the necessary recording systems. However, if an examination is conducted elsewhere than at the court, in a place chosen by the parties, it is up to the parties to call on the services of an official stenographer or, if needed, to agree on an appropriate method of recording to ensure the integrity of the deposition. Any transcript of an examination that is filed with the court must be made by an official stenographer. 2014, c. 1, a. 300.
Section 300Verify source
§ 301Section 301Provision

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An official stenographer must certify the correctness of notes or a transcript when called on, record key details at the start of each deposition, and keep the notes as required by regulation.

301. When the services of an official stenographer are called on, the stenographer certifies, under their oath of office, the correctness of the stenographic notes or transcript. At the beginning of each deposition, the stenographer enters the name of the judge presiding at the trial and the name of the witness. The stenographer records objections and decisions, and preserves the stenographic notes as set out in the applicable regulations. In cases under appeal, depositions are transcribed if a party requires their transcription. They are also transcribed if the judge so orders, in which case the parties advance the cost of transcribing the depositions of their respective witnesses. 2014, c. 1, a. 301.
Section 301Verify source
§ 302Section 302Provision

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302. In the absence of a dispute, applications are dealt with according to the procedure for non-contentious proceedings set out in this Book. This is the case when the law requires, because of the nature of an act or the applicant’s

302. In the absence of a dispute, applications are dealt with according to the procedure for non-contentious proceedings set out in this Book. This is the case when the law requires, because of the nature of an act or the applicant’s capacity, that an application be submitted to the courts so that they may approve or authorize an act, give a person authority to act, approve or homologate a decision or an act, or verify a fact or a legal situation and determine its consequences, or whenever the law requires that an application be so dealt with. 2014, c. 1, a. 302.
Section 302Verify source
§ 303Section 303Provision

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303. Applications dealt with according to the procedure for non-contentious proceedings include those relating to (1) authorization to consent to care that is not required by the state of health of a person under 14 years of age or

303. Applications dealt with according to the procedure for non-contentious proceedings include those relating to (1) authorization to consent to care that is not required by the state of health of a person under 14 years of age or incapable of giving consent, or authorization to consent to the alienation of a part of the body of a minor or an incapable person of full age; (2) a declaratory judgment of death, the probate of a will, letters of verification or, in succession matters, the liquidation or the partition of a succession; (3) the alteration of the register of civil status; (4) tutorship to an absentee, to a minor or to a person of full age, the emancipation of a minor, a protection mandate or temporary representation of an incapable person of full age; (5) the appointment, designation or replacement of any person that is required by law to be appointed, designated or replaced by the court on its own initiative or in the absence of an agreement between the interested parties, and applications of a similar nature relating to tutorship to a minor, tutorship to a person of full age, a protection mandate, temporary representation of an incapable person of full age, a succession or the administration of the property of others; (6) the placement and adoption of a child and the assignment of a name to the child; (6.1) the filiation of a child born of a parental project involving surrogacy; (7) a draft agreement that settles the consequences of a separation from bed and board, a divorce or the dissolution of a civil union; (7.1) the homologation of an agreement between de facto spouses pertaining to the consequences of the end of their union; (8) the administration of undivided property, of a trust or of the property of others; (9) the acquisition by prescription of ownership in an immovable; (10) registration in the land register or the register of personal and movable real rights or the correction, reduction or cancellation of an entry in either register; and (11) the issue of a notarial act or the replacement or reconstitution of a writing. Any application for an exemption from the obligation to pay support and arrears to the Minister of Revenue, or for the suspension of that obligation, if the parties satisfy the conditions of section 3 or 3.1 of the Act to facilitate the payment of support (chapter P-2.2), is also dealt with according to that procedure. 2014, c. 1, a. 303; I.N. 2016-12-01; 2020, c. 11, s. 103; 2023, c. 13, s. 49; 2024, c. 22, s. 31.
Section 303Verify source
§ 304Section 304Provision

Source excerpt

Non-contentious applications follow this Book’s procedure, except for special Book V rules; if the application becomes contested, it goes to court and the court gives the parties instructions for a case protocol unless it exempts them or uses other case-management options.

304. Non-contentious applications, whether presented before a court or a notary, are conducted according to the procedure set out in this Book, subject to the special rules for the conduct of certain civil matters set out in Book V. However, as soon as an application is contested, it is referred to the court to be continued according to the procedure set out in Book II. Depending on the readiness of the case and on how much time has elapsed since the application was brought, the court gives the parties the instructions they need to establish a case protocol, unless the court exempts the parties from doing so and subjects the furtherance of the case to other conditions or immediately schedules a case management conference or the trial. 2014, c. 1, a. 304.
Section 304Verify source
§ 305Section 305Provision

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In a non-contentious case about personal integrity, status, or capacity, the court or notary must act in the person’s best interests and protect the person’s rights and autonomy.

305. In dealing with a non-contentious case relating to personal integrity, status or capacity, the court or the notary must act in the best interests of the person concerned while protecting the person’s rights and safeguarding the person’s autonomy, taking into account the person’s wishes and preferences. 2014, c. 1, a. 305; 2020, c. 11, s. 104.
Section 305Verify source
§ 306Section 306Provision

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A notice for a non-contentious application must tell the person concerned and interested persons when and where the application will be presented, and it must include a list of supporting exhibits.

306. A non-contentious application is accompanied by a notice informing the person concerned and the interested persons of the place, date and time it is to be presented before the competent court. The notice must also include a list of the exhibits in support of the application, and inform the recipients that they are available, unless they are confidential. 2014, c. 1, a. 306.
Section 306Verify source
§ 307Section 307Provision

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An application to authorize a sale of certain protected persons’ property must explain the request, describe the property, and state the proposed sale method and possible seller; it must also include an expert appraisal and, if applicable, the tutorship council’s opinion.

307. An application for authorization to sell property belonging to a minor, a person of full age under tutorship, an absentee or a person whose property is administered by another must set out the reasons for the application, describe the property and propose a method of sale, such as by agreement, through a public call for tenders or an invitation to tender, or by auction, as well as the name of a person who could effect the sale. An appraisal of the property by an expert and, if applicable, the opinion of the tutorship council, must be attached to the application. The application may suggest a commercially reasonable reserve price. 2014, c. 1, a. 307; I.N. 2016-12-01; 2020, c. 11, s. 254.
Section 307Verify source
§ 308Section 308Provision

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The application must be presented on the date in the notice, unless a different date is agreed with the court office beforehand.

308. The application is presented before the court on the date specified in the accompanying notice, unless the applicant and the person concerned, before that date, agreed with the court office on another presentation date. The application cannot be presented less than 10 days nor more than two months after it was notified. 2014, c. 1, a. 308.
Section 308Verify source
§ 309Section 309Provision

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The court must verify service and filings before hearing the application, and it may use several case-management measures and allow interested persons to present evidence.

309. The court ascertains that the application presented before it has been served on the person concerned and notified to the interested persons, and that the necessary opinions, reports and expert reports have been filed in the record. The court may order that the application be notified to any person whom it considers to have an interest, call a meeting of relatives, persons connected by marriage or civil union, or friends, or request the opinion of a tutorship council; it may also require the complementary opinions, reports or expert reports it considers necessary and, if applicable, order an appraisal by an independent expert designated by the court if it has reason to believe the appraisal attached to the application does not reflect the value of the property. The court may also authorize an interested person to produce evidence in support of the view that person intends to assert. The court may take any other appropriate case management measure. The applicant, the person concerned or another interested person may make their proof by affidavit, by testimony or by means of documents or real evidence. The evidence so submitted may pertain to any relevant fact, even one that has arisen since the application was instituted. 2014, c. 1, a. 309; I.N. 2016-12-01. See the Regulation to establish a pilot project relating to digital transformation of the administration of justice (chapter C-25.01, r. 6.2).
Section 309Verify source
§ 310Section 310Provision

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The court may invite interested persons present to make informal representations. If those representations would amount to a contestation of the merits and the person intends to contest the application, the court must postpone the case and have it dealt with as contentious proceedings, subject to conditions it sets.

310. The court may invite interested persons who are present to make informal representations that might enlighten the court in making its decision. If such representations could constitute an actual contestation of the merits of the application, the court, after verifying that the person who made them intends to contest the application, orders a postponement of the case for it to be dealt with according to the procedure for contentious proceedings, subject to the conditions it determines. 2014, c. 1, a. 310.
Section 310Verify source
§ 311Section 311Provision

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People invited to make representations or participate in deliberations are not considered witnesses. The court may order the applicant or the subject of the application to pay compensation for witness-type transportation, meal, and accommodation expenses, but not for meetings of relatives, spouses/civil-union partners, or friends.

311. Persons invited to make representations or to participate in deliberations are not considered witnesses. However, the court, if it considers it appropriate, may order the applicant or the person who is the subject of the application to pay them compensation equivalent to that paid to witnesses to cover transportation, meal and accommodation expenses. No compensation is paid to those called to a meeting of relatives, persons connected by marriage or civil union, or friends. 2014, c. 1, a. 311; I.N. 2016-12-01.
Section 311Verify source
§ 312Section 312Provision

Source excerpt

Certain non-contentious applications may be presented to a notary, and a seized notary may decide ancillary matters except those needing special court authorization.

312. Non-contentious applications relating to tutorship to a minor, except those relating to suppletive tutorship, and to tutorship to a person of full age, including applications for the appointment or replacement of a tutor, as well as applications relating, to a tutorship council or to a protection mandate may be presented before a notary according to the procedure set out in this Title. Applications for the probate of a will or for letters of verification may also be presented before a notary, unless the will concerned was deposited with that notary or a member of the same firm. The notary seized of an application may rule on any ancillary matters, except those that require a special authorization from the court. 2014, c. 1, a. 312; I.N. 2016-12-01; 2017, c. 12, s. 42; 2020, c. 11, s. 105.
Section 312Verify source
§ 313Section 313Provision

Source excerpt

A notary handling an application must serve and notify the application, attach a notice, and in some cases call a meeting or conference and file documents with the court office.

313. The notary seized of an application must have it served on the person concerned and must notify it to all persons who may have an interest in it given their close relationship with that person. The notary must attach a notice stating the date, time and place the notary is to begin the notarial operations, the subject matter of the application and the rights of the interested persons, including their right to make representations they consider appropriate or to oppose the application. The notary is required to call a meeting of relatives, persons connected by marriage or civil union, or friends in the cases provided for in the Civil Code, including when the application relates to the institution of tutorship to a minor or to a person of full age. The notary may call a conference if the person concerned or a person to whom the application was notified requests one, including when the application relates to the homologation of a protection mandate. The notary is required to invite the person concerned to such a conference and all those to whom the application was notified. The notary files a copy of the application and a copy of the notice with the court office, together with the notice of meeting if a meeting or a conference is to be held, in order to secure public notice and enable any person wishing to do so to make representations to the court clerk or to the notary. The clerk informs the notary without delay of any representation or opposition received. 2014, c. 1, a. 313; I.N. 2016-12-01; 2020, c. 11, s. 106.
Section 313Verify source
§ 314Section 314Provision

Source excerpt

When a meeting or conference is held, the notary must inform the relevant people, hear their representations, and examine the evidence; if no meeting or conference is required, the notary receives representations another way and records them in the notarial minutes.

314. If a meeting of relatives, persons connected by marriage or civil union, or friends or a conference is held, the notary informs the applicant, the person concerned and the interested persons present of the process undertaken and hears 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, which may pertain to any relevant fact, even one that has arisen since the notary was seized of the application. If a meeting or conference is not required to be held, the notary receives their representations by any other means and records them in the minutes of the notarial operations. 2014, c. 1, a. 314; I.N. 2016-12-01.
Section 314Verify source
§ 315Section 315Provision

Source excerpt

When an application concerns tutorship or a protection mandate, the notary must verify incapacity and cannot reach conclusions without the required reports and examination transcript.

315. If the application relates to the institution or review of tutorship to a person of full age or the homologation of a protection mandate, the notary is required to verify that the person concerned is incapable, but cannot determine conclusions without having in hand the assessment reports required by the Civil Code and a transcript of the person’s examination. The notary gives an account of the assessments and the examination to all present at the meeting or conference and informs them of any other relevant exhibits. If the application relates to a protection mandate given in the presence of witnesses, a holograph will or a will made in the presence of witnesses, the notary confirms the existence of the document and determines whether it is valid. 2014, c. 1, a. 315; I.N. 2016-12-01; 2020, c. 11, s. 107.
Section 315Verify source
§ 316Section 316Provision

Source excerpt

If a notary thinks an incapable adult needs representation or assistance, the notary must inform the interested persons.

316. If the notary considers that an incapable person of full age needs to be represented by a lawyer or another notary or by a tutor ad hoc, or assisted by a trusted third person, the notary must inform the interested persons so that the appropriate measures may be taken. The notary may continue to act if the latter are not opposed to it. 2014, c. 1, a. 316; 2020, c. 11, s. 254.
Section 316Verify source
§ 317Section 317Provision

Source excerpt

If contested representations or oppositions are received, the notary must withdraw, notify interested persons, and move the matter to the competent court; in some cases the court may send the matter back or ask for evidence.

317. If representations or oppositions are received that are equivalent to an actual contestation of the merits of the application, the notary, after verifying that the person from whom they were received intends to contest the application, must withdraw from the matter and inform the interested persons. In such a case, the notary draws up the minutes of the operations carried out so far and transfers the matter to the competent court, which is seized of it on the filing of the minutes. If the application is for the probate of a will and the notary is in possession of the original of the will, the notary attaches it to the minutes. If it considers it expedient, the court may ask the notary to gather all the evidence necessary for the furtherance of the matter, setting a time limit within which the notary is to report back to the court so that it can make its own assessment of the facts. If the person contesting discontinues their judicial application, the court refers the matter back to the notary for the continuation of the notarial operations. 2014, c. 1, a. 317.
Section 317Verify source
§ 318Section 318Provision

Source excerpt

The notary must prepare minutes and conclusions after completing the notarial operations.

318. On completing the notarial operations, the notary draws up minutes and conclusions. The minutes must identify the applicant, the person concerned, the persons to whom the application was notified, those who attended the meeting of relatives, persons connected by marriage or civil union, or friends or the conference, if one was held, and those who made representations otherwise. The minutes must state the facts on which the application is based and provide a detailed account of the operations carried out and the evidence submitted. The minutes must also provide an account of any testimony taken and any deliberations had by the tutorship council or the meeting of relatives, persons connected by marriage or civil union, or friends. The notary promptly files the minutes and conclusions with the office of the court of competent jurisdiction, together with the documents supporting the conclusions. 2014, c. 1, a. 318; I.N. 2016-12-01.
Section 318Verify source
§ 319Section 319Provision

Source excerpt

In probate or letters of verification matters, filing the minutes with the court office is only to give public notice. The notary must advise interested persons of the filing.

319. In matters relating to the probate of a will or the issue of letters of verification, the filing of the minutes with the court office is for the sole purpose of securing public notice. The notary advises the interested persons of the filing of the minutes. 2014, c. 1, a. 319.
Section 319Verify source
§ 320Section 320Amendment

Source excerpt

320. In matters relating to tutorship to a minor, tutorship to a person of full age or a protection mandate, the notary notifies the minutes to the minor concerned, if 14 years of age or older, or to the person of full age concerned. The

320. In matters relating to tutorship to a minor, tutorship to a person of full age or a protection mandate, the notary notifies the minutes to the minor concerned, if 14 years of age or older, or to the person of full age concerned. The notary also notifies the minutes to the tutor, the mandatary, the applicant, the spouse of the person concerned, the Public Curator and the other persons to whom the application was notified. The notary informs them, on the same occasion, of their right to file their opposition with the court in the 10 days preceding the date specified by the notary for the filing of the minutes with the court office. If no opposition is received, the appointment of a tutor to a minor or of a tutorship council becomes effective on the filing of the notary’s minutes. An attestation is drawn up by the clerk and sent without delay to the tutor, to the minor, to the members of the tutorship council, and to the Public Curator. In any other matter, the court seized by the filing of the notary’s minutes may, if no opposition is received, grant, amend or reject the conclusions set out in the minutes. The court clerk sends the judgment without delay to the persons to whom the minutes were notified. 2014, c. 1, a. 320; 2020, c. 11, s. 108.
Section 320Verify source
§ 321Section 321Provision

Source excerpt

A judgment deciding a dispute or case ends the application and must be written with reasons, including when delivered at the hearing or after advisement.

321. The judgment deciding a dispute or ruling on a case terminates the application; whether given at the hearing or rendered after a period of advisement, it must be in writing and give reasons. The judge is no longer seized of the matter and the judgment is final if it cannot or can no longer be appealed. 2014, c. 1, a. 321.
Section 321Verify source
§ 322Section 322Provision

Source excerpt

Certain judgments may be reviewed if a plaintiff, applicant, or other interested person can present new facts that could change the judgment.

322. A judgment concerning support or custody or personal integrity or capacity may be reviewed if the plaintiff or applicant or any interested person is able to present new facts sufficient to result in the varying of the judgment. The same applies to a judgment in a non-contentious case unless the decision is conclusive in character. A decision conclusive in character, particularly if it concerns a person’s status, the ownership of movable or immovable property or a right in such property, has the authority of res judicata. 2014, c. 1, a. 322.
Section 322Verify source
§ 323Section 323Provision

Source excerpt

If a judge notices an important legal issue was not argued at trial after taking the case under advisement, the judge must let the parties make submissions.

323. A judge who, after taking a case under advisement, notes that a rule of law or a principle material to the outcome of the case was not debated during the trial must give the parties an opportunity to make submissions in the manner the judge considers most appropriate. Alternatively, the trial may be ordered reopened on the judge’s own initiative. Such a decision must give reasons and state how the reopened trial is to be conducted. The court clerk must send the decision without delay to the chief justice or chief judge and to the parties’ lawyers. 2014, c. 1, a. 323.
Section 323Verify source
§ 324Section 324Provision

Source excerpt

Courts must render first-instance merits judgments within set time limits, which vary by proceeding type; if the advisement period expires, the chief justice or chief judge may extend it or remove the judge.

324. For the benefit of the parties, the judgment on the merits in first instance must be rendered within (1) six months after the matter is taken under advisement in contentious proceedings; (2) four months after the matter is taken under advisement in small claims matters under Title II of Book VI; (3) two months after the matter is taken under advisement in child custody or child support matters and non-contentious cases; (4) two months after the matter is taken under advisement if the judgment is to determine whether a judicial application is abusive; (5) one month after the case is ready for judgment if a judgment is to be rendered following the defendant’s failure to answer the summons, attend the case management conference or defend on the merits; and (6) one month after the matter is taken under advisement if the judgment is to determine a matter brought under the Act respecting expropriation (chapter E-25). The time limit is two months after the matter is taken under advisement in the case of a judgment in the course of a proceeding, but one month after the court is seized when it is to rule on an objection raised during a pre-trial examination and pertaining to the fact that a witness cannot be compelled, to fundamental rights or to an issue raising a substantial and legitimate interest. The death of a party or its lawyer cannot operate to delay judgment in a matter taken under advisement. If the advisement period has expired, the chief justice or chief judge, on their own initiative or on a party’s application, may extend it or remove the judge from the case. 2014, c. 1, a. 324; 2023, c. 27, s. 193.
Section 324Verify source
§ 325Section 325Provision

Source excerpt

The court clerk must send the chief justice or chief judge a list of cases under advisement for specified periods.

325. The court clerk sends the chief justice or chief judge, according to the instructions given by the latter, a list of all cases in the judicial district, whatever their nature, that have been under advisement for five months or more if the time limit for rendering a judgment is six months, three months or more if the time limit is four months, 45 days or more if the time limit is two months and 20 days or more if the time limit is one month. 2014, c. 1, a. 325.
Section 325Verify source
§ 326Section 326Provision

Source excerpt

If a judge leaves a case, dies, leaves office, or cannot act, the chief justice or chief judge may arrange for the case to continue, start over, or be reassigned. A judge leaving office may also have to finish matters under advisement within three months on request.

326. If a judge is removed from a case, dies, leaves office or is unable to act, the chief justice or chief judge may order that the case or cases pending before the judge be continued and completed by another judge, or be set down for a new trial, depending on the stage reached. On the chief justice’s or chief judge’s request, a judge who is leaving office must, within three months, complete any cases taken under advisement. A judge who is leaving office because of an appointment to another court must, if the chief justice or chief judge of that other court agrees, continue and complete any cases pending before the judge. The chief justice’s or chief judge’s decision must take the circumstances and the parties’ interests into account. The chief justice or chief judge exercises the responsibilities conferred by this article personally, but may also ask a senior associate or associate chief justice or chief judge to exercise them. In the decision, the chief justice or chief judge rules on the legal costs for any proceedings already had and may take any other measure as is considered fair and appropriate. 2014, c. 1, a. 326.
Section 326Verify source
§ 327Section 327Provision

Source excerpt

With the parties’ consent, the judge may rely only on the original trial recording or stenographic transcript; if that is not enough, the judge may recall a witness or require more evidence.

327. With the parties’ consent, the judge assigned to continue a case or to hear a case set down for a new trial may decide to rely solely, as regards evidence, on the recording of the original trial or the transcript of stenographic notes. If that proves insufficient, the judge may recall a witness or require other evidence from the parties. If it is necessary to have stenographic notes transcribed or witnesses recalled, the costs involved are borne by the Minister of Justice unless the judge orders otherwise. 2014, c. 1, a. 327.
Section 327Verify source
§ 328Section 328Provision

Source excerpt

A judgment must be executable; damages judgments must liquidate damages, and certain solidary-liability judgments must apportion each person’s share if the evidence allows.

328. A judgment rendered against a party must be capable of being executed. A judgment awarding damages must liquidate the damages; a judgment finding persons solidarily liable for injury must, if the evidence permits, determine the share of each of those persons in the award as between them only. 2014, c. 1, a. 328.
Section 328Verify source
§ 329Section 329Provision

Source excerpt

If a damages judgment for bodily injury reserves a plaintiff’s right to claim more damages, it must state the subject of the possible claim and the time limit for making it.

329. A judgment awarding damages for bodily injury that reserves the plaintiff’s right to claim additional damages must specify the subject matter of the potential claim and the time within which the claim must be made. The judgment is enforceable despite an appeal insofar as the appeal pertains to the reserved right to claim damages or the time within which it is to be exercised. 2014, c. 1, a. 329.
Section 329Verify source
§ 330Section 330Provision

Source excerpt

A judgment granting authorization to act expires if it is not acted on within the time set in the judgment, or within six months if no time is set. A judgment authorizing care, bodily alienation, or confinement in a health or social services institution expires if not acted on within three months or any other time set by the court.

330. A judgment granting an authorization to act expires if not acted upon within the time specified in the judgment or, if no time is determined by the court or by law, within six months. A judgment authorizing care, the alienation of a part of a person's body or confinement in a health or social services institution expires if not acted upon within three months or within any other time specified by the court. 2014, c. 1, a. 330; I.N. 2016-12-01.
Section 330Verify source
§ 331Section 331Provision

Source excerpt

In a non-contentious case authorizing the sale of another person’s property, the judgment must specify the sale method, sale terms, the person who will carry out the sale, and that person’s remuneration and sale report details. The court must also set a reserve price.

331. A judgment in a non-contentious case authorizing the sale of the property of another must determine the method of sale and the terms of the sale. It must also designate the person who is to effect the sale and determine the particulars of that person’s remuneration, as well as those of the report on the sale to be filed with the court office. The court sets a reserve price to ensure that the property is sold at a commercially reasonable price. 2014, c. 1, a. 331.
Section 331Verify source
§ 332Section 332Provision

Source excerpt

Certain judgments must describe the property concerned, and a restitution judgment may need to order liquidation by an expert; the liable party must give the expert the supporting documents needed.

332. A judgment pertaining to immovable or movable real rights must contain a description of the property concerned so as to permit the publication of the rights in the property, if applicable. A judgment ordering restitution of fruits and revenues must, if necessary, order their liquidation by an expert; the party liable to the restitution is required to deliver all necessary supporting documents to the expert. 2014, c. 1, a. 332.
Section 332Verify source
§ 333Section 333Provision

Source excerpt

A party may give up rights arising from a judgment in its favour by filing a renunciation with the court office.

333. A party may renounce the rights arising from a judgment in its favour by filing a renunciation with the court office. The renunciation is made by the party itself or by its mandatary acting under a special mandate. If total and accepted by the other parties, the renunciation operates to restore the proceeding to its state prior to the judgment. 2014, c. 1, a. 333.
Section 333Verify source
§ 334Section 334Provision

Source excerpt

A dated and signed judgment is treated as an authentic act, must be deposited and entered in the court registers, and kept in the court records. A judgment rendered in court may be evidenced by the minutes or, on request, by a signed transcript of the recording. If the judgment and the register entries conflict, the original judgment prevails and the judge may order corrections.

334. A judgment dated and signed by the person who rendered it is an authentic act. It is deposited at the court office and entered without delay in the registers under the date appearing on it. It is kept in the court records. A judgment rendered at the hearing, whether a judgment on the merits or a judgment in the course of a proceeding, is evidenced by entry of the decision and its main whereas clauses in the minutes, attested by the person who rendered the judgment. On a party’s request, the judgment may also be evidenced by the transcript of the recording, signed by the person who rendered the judgment. The operative part of the judgment cannot be modified in such a transcript but the judge may correct its form. If there is a discrepancy between the original judgment and the entries in the court registers, the former prevails, and the judge may without formality order that the necessary corrections be made in the court registers. 2014, c. 1, a. 334.
Section 334Verify source
§ 335Section 335Provision

Source excerpt

When a judgment is entered in the court register, notice must be given to the parties and their lawyers, and the court clerk may issue certified copies on request for a fee.

335. On entry in the court registers of a judgment other than a judgment rendered at the hearing in the presence of the parties, a notice is notified to the parties and their lawyers. The judgment may be notified by technological means to the parties and lawyers who have provided the necessary contact information. The court clerk may issue certified copies of a judgment on request and for a fee. 2014, c. 1, a. 335.
Section 335Verify source
§ 336Section 336Provision

Source excerpt

This section requires judgments in several family, status, capacity, adoption, tutorship, and expropriation-related matters to be notified to specified persons or authorities.

336. In a non-contentious case, a judgment on an application relating to personal integrity, status or capacity is notified to the person concerned and, if that person has a representative, to the representative according to the instructions of the court, if any are given. A judgment concerning tutorship to an absentee, to a minor or to a person of full age, concerning a protection mandate or assistance to a person of full age or authorizing temporary representation of an incapable person of full age is notified without delay to the Public Curator, except a judgment authorizing the designation of a suppletive tutor where the value of the minor’s property does not exceed $40,000. A judgment on an application relating to a person’s status is notified to the registrar of civil status. A judgment relating to adoption is notified to the parties or their representatives in compliance with the rules governing the publication of judgments in family matters, unless the court decides, on application or on its own initiative, to depart from those rules. Those rules do not apply where the child or the adopter is domiciled outside Québec or where the judgment is notified to the director of youth protection and to the Minister of Health and Social Services. If it is notified to the party entrusted with the parental authority, the judgment ordering the child’s placement or adoption is accompanied by a certificate attesting the parental authority. In the case of a judgment declaring a child judicially eligible for adoption, such certificate may be sent to the person who was entrusted with the parental authority if that person so requests it. A judgment concerning an application for cancellation of the entry in the land register of a notice of expropriation or concerning the contestation of the expropriating party’s right to expropriate is notified without delay to the Administrative Tribunal of Québec. 2014, c. 1, a. 336; 2017, c. 12, s. 43; 2022, c. 22, s. 142; 2020, c. 11, s. 109; 2023, c. 27, s. 194.
Section 336Verify source
§ 337Section 337Provision

Source excerpt

The chief justice or chief judge, or another judge designated by that office, may sign a transcript of a judgment when the original judge has died, become unable to act, or left office.

337. The transcript of a judgment rendered at the hearing by a judge who has since died, become unable to act or left office may be signed by the chief justice or chief judge or by another judge designated by the latter. 2014, c. 1, a. 337.
Section 337Verify source
§ 338Section 338Provision

Source excerpt

A judgment may be corrected for clerical or similar errors by the person who rendered it, or by the court in some cases.

338. A judgment containing an error in writing or calculation, or any other clerical error, including an error in the description of property, may be corrected by the person who rendered it. The same applies to a judgment which, by obvious inadvertence, grants more than was sought or does not rule on part of the application. The correction may be made on the judge’s own initiative as long as execution of the judgment has not begun, or at any time on a party’s request unless the judgment is under appeal. If the person who rendered the judgment has left office or is unable to act, the court may make the correction. If the correction is to the operative part of the judgment, the time limits for appeal and execution begin to run on the date of the correction. 2014, c. 1, a. 338.
Section 338Verify source
§ 339Section 339Provision

Source excerpt

Legal costs include listed court costs and fees. A party may apply to be exempted from paying certain hearing-day costs, and the court may grant, revoke, or review that exemption, but not for clearly unfounded, frivolous, delay, or abusive filings.

339. The legal costs of a case comprise court costs and fees, including disbursements incurred for the physical preparation of appeal briefs and memorandums, professional fees and expenses for the service or notification of pleadings and documents, witness indemnities and allowances as well as any expert fees, interpreter fees and fees for registration in the land register or the register of personal and movable real rights. They may also include the costs related to taking and transcribing testimony filed in the court record, if that was necessary. Expert fees include the costs related to the drafting of the report and, if applicable, preparing testimony, and remuneration for the time spent testifying and, to the extent useful, attending the trial. A party to a proceeding may, given their financial situation, apply to be exempted from paying the costs prescribed for each hearing day required to try the merits of a case. Such an exemption is exceptionally granted by the court, in whole or in part, taking into account any appropriate factor, including such factors as may be specified by government regulation, if it is shown to the court that paying those costs would result, for that party, in difficulties so excessive that the party would not be able to effectively conduct its case. An application for such an exemption may be made at any time during the proceeding. It suspends the obligation to pay the costs concerned until the court rules on the application. The decision of the court cannot be appealed. The court may, however, even on its own initiative, revoke an exemption it has granted or review its decision to refuse an exemption if a significant change in the party’s financial situation justifies doing so. The court may not, however, grant such an exemption if it is related to a judicial application or pleading by the party that is clearly unfounded, frivolous or intended to delay or is otherwise abusive. 2014, c. 1, a. 339; 2015, c. 26, s. 1.
Section 339Verify source
§ 340Section 340Provision

Source excerpt

Legal costs usually go to the successful party, but the court can order a different allocation in specified cases.

340. Legal costs are owed to the party that was successful, unless the court decides otherwise. However, the legal costs are borne by each of the parties in family matters, by the plaintiff or applicant in personal integrity or status matters and by the person concerned in personal capacity matters. In any such cases, the court may decide otherwise. When the court authorizes representation of a child or an incapable person of full age by a lawyer, the related legal costs are decided by the court according to the circumstances. The costs related to joint applications are apportioned equally between the parties unless they have agreed otherwise. 2014, c. 1, a. 340.
Section 340Verify source
§ 341Section 341Provision

Source excerpt

The court may order the successful party to pay another party’s legal costs in certain cases.

341. The court may order the successful party to pay the legal costs incurred by another party if it is of the opinion that the successful party did not properly observe the principle of proportionality or committed an abuse of procedure, or that such an order is necessary to prevent serious prejudice to a party or to permit a fair apportionment of the costs, including those incurred for expert fees, the taking of testimony or its transcription. The court may also make such an order if the successful party breached its undertakings with regard to the conduct of the proceeding, such as by failing to meet time limits, if it unduly delayed in presenting an incidental application or filing a notice of discontinuance, if it needlessly required a witness to attend at court or if it refused, without valid cause, to accept tenders, to admit the origin or integrity of evidence or, in a family matter, to participate in a parenting and mediation information session. As well, the court may make such an order if the successful party delayed in raising grounds that resulted in the expert report being corrected or rejected or a new expert’s opinion being necessary. 2014, c. 1, a. 341.
Section 341Verify source
§ 342Section 342Provision

Source excerpt

The court may, after hearing the parties, order a party to pay another party legal costs for substantial breaches in the proceeding.

342. The court, after hearing the parties, may, on its own initiative or on an application, punish substantial breaches noted in the conduct of the proceeding by ordering a party to pay to another party, as legal costs, an amount that it considers fair and reasonable to cover the professional fees of the other party’s lawyer or, if the other party is not represented by a lawyer, to compensate the other party for the time spent on the case and the work involved. For that purpose, in family matters, the court takes into account the history of the proceedings involving the parties. 2014, c. 1, a. 342; 2024, c. 22, s. 32.
Section 342Verify source
§ 343Section 343Provision

Source excerpt

Legal costs earn interest at the legal rate from the judgment date and are payable to the successful party.

343. Legal costs bear interest at the legal rate as of the date of the judgment awarding them and are payable to the party to which they are awarded. If legal costs are awarded against two or more parties, they are solidarily liable for paying them. 2014, c. 1, a. 343.
Section 343Verify source
§ 344Section 344Provision

Source excerpt

The party entitled to legal costs must prepare and notify a bill of costs, and the debtor party has 10 days to oppose it.

344. The party entitled to legal costs prepares a bill of costs based on the tariffs in force and notifies it to the debtor party, which then has 10 days to notify its opposition. If such opposition is notified, the bill of costs is sent for taxation to the court clerk, who, to determine the costs, may require that it be proved by affidavit or witness testimony that the costs were incurred. In appeal, legal costs are taxed by the appellate clerk. Once the bill of costs has been drawn up, a party may ask the clerk to homologate it. The clerk’s decision may be reviewed within 10 days by the court or, as applicable, by an appellate judge. The bailiff may also, within 10 days after becoming aware of the decision, ask for its review as regards the bailiff costs. The decision concerning the taxation or homologation of the legal costs is executed in accordance with the rules of provisional execution. 2014, c. 1, a. 344.
Section 344Verify source
§ 345Section 345Provision

Source excerpt

A party may ask the court that rendered a judgment to revoke it in specified circumstances.

345. A judgment may, on a party’s application, be revoked by the court that rendered it if letting the judgment stand would tend to bring the administration of justice into disrepute. The judgment may be revoked, for instance, if fraud was committed by another party, if the judgment was based on false exhibits or if the production of decisive exhibits was prevented by superior force or by the act or omission of another party. As well, a judgment may be revoked if (1) the judgment adjudicated beyond the conclusions set out in the application or did not rule on one of them; (2) no valid defence was produced in support of the rights of a minor or of a person of full age under tutorship or for whom a protection mandate has been homologated; (3) a ruling was made on the basis of invalid consent or following an unauthorized tender that was subsequently disavowed; or (4) evidence was subsequently discovered that would probably have led to a different judgment if the party concerned or its lawyer had become aware of that evidence in sufficient time, although they acted with due diligence. 2014, c. 1, a. 345; 2020, c. 11, s. 254.
Section 345Verify source
§ 346Section 346Provision

Source excerpt

346. A party against which a default judgment has been rendered following failure to answer the summons, attend the case management conference or defend on the merits but that was prevented from doing so owing to fraud, surprise or any

346. A party against which a default judgment has been rendered following failure to answer the summons, attend the case management conference or defend on the merits but that was prevented from doing so owing to fraud, surprise or any other cause considered sufficient may apply to the court that rendered the judgment for the revocation of the judgment and the dismissal of the original application. The application for revocation must contain the reasons justifying the revocation as well as the grounds of defence raised against the original application. 2014, c. 1, a. 346.
Section 346Verify source
§ 347Section 347Provision

Source excerpt

An application for revocation must be served and then presented within strict time limits, with a separate six-month outer limit.

347. An application for revocation must be served on all parties to the proceeding within 30 days after the day on which the cause preventing the party from filing a defence ceased to exist, or after the day on which the party became aware of the judgment, evidence or fact that constitutes grounds for the revocation. In the case of a minor, the 30-day period only begins to run as of notification of the judgment after the person reaches full age. The application for revocation must be presented before the court within 30 days after service, as if it were an application in the course of a proceeding. It cannot be presented if more than six months have elapsed since the judgment. These are strict time limits. 2014, c. 1, a. 347.
Section 347Verify source
§ 348Section 348Provision

Source excerpt

348. If, when the application for revocation is presented, the reasons given are found to be sufficient, the parties are restored to their former state and the court stays execution of the judgment; it continues the original proceeding

348. If, when the application for revocation is presented, the reasons given are found to be sufficient, the parties are restored to their former state and the court stays execution of the judgment; it continues the original proceeding after agreeing with the parties on a new case protocol. If circumstances permit, the court may decide the application for revocation and the original application at the same time. 2014, c. 1, a. 348.
Section 348Verify source
§ 349Section 349Commencement

Source excerpt

349. Any person whose interests are affected by a judgment rendered in a proceeding in which neither they nor their representatives were called may apply for the revocation of the judgment if it prejudices their rights. The application for

349. Any person whose interests are affected by a judgment rendered in a proceeding in which neither they nor their representatives were called may apply for the revocation of the judgment if it prejudices their rights. The application for revocation commences a proceeding before the court that rendered the judgment. Except if personality rights or personal status or capacity are at issue, the application must be brought within six months after the person becomes aware of the judgment. It must be served on the parties to the judgment whose revocation is sought or, if the application is brought within one year after the judgment, on the persons who represented them in the case. 2014, c. 1, a. 349.
Section 349Verify source
§ 350Section 350Provision

Source excerpt

An application for revocation does not stop enforcement of the judgment, but the court may order a stay, including without prior notice in urgent circumstances.

350. An application for revocation does not stay execution of the judgment. However, the court may order such a stay and, in urgent circumstances, may do so without prior notice. On notification of the application for revocation and the stay order, the executing bailiff immediately stays the execution proceedings, except for conservatory measures. 2014, c. 1, a. 350.
Section 350Verify source
§ 351Section 351Provision

Source excerpt

Certain parties have a right to appeal a first-instance judgment, unless they have waived that right; in non-contentious cases, notified third persons may also appeal.

351. The right to appeal belongs to any party to the judgment in first instance having an interest in appealing, unless the party has waived that right. In a non-contentious case, an appeal is also available to third persons to whom the judgment was notified. 2014, c. 1, a. 351.
Section 351Verify source
§ 352Section 352Provision

Source excerpt

An appeal is initiated by filing a notice of appeal with the Court of Appeal’s office, together with proof of service on the respondent.

352. The Court of Appeal is seized and an appeal initiated by filing a notice of appeal with the office of the Court of Appeal, together with proof of service on the respondent. 2014, c. 1, a. 352.
Section 352Verify source
§ 353Section 353Provision

Source excerpt

The notice of appeal must identify the parties, the first-instance court, the judgment date, and trial duration, be filed with a copy of the judgment, and state the grounds and relief sought; the appellant must file it within 45 days with the required certificate.

353. The notice of appeal must designate the parties and specify the court that rendered the judgment in first instance, the judgment date and the duration of the trial. It must be filed together with a copy of the judgment in first instance. The notice of appeal must state the grounds of law or fact the appellant intends to argue to have the judgment varied or quashed, the conclusions sought by the appellant and, if applicable, the value of the subject matter of the dispute. The appellant must, within 45 days after the date of the judgment under appeal, file the notice of appeal together with a certificate certifying that no transcript of depositions is necessary for the appeal or stating that it has given instructions to an official stenographer for the transcription of the depositions it intends to use. 2014, c. 1, a. 353.
Section 353Verify source
§ 354Section 354Provision

Source excerpt

The court clerk must notify the judge and, if requested by the appellate clerk, send the record to the Court of Appeal without delay; if the appeal concerns release or personal integrity, this must be done within two days after notification.

354. The notice of appeal is notified to the office of the court of first instance. The court clerk informs the judge who rendered the judgment of the appeal and, on the appellate clerk’s request, sends the case record without delay to the Court of Appeal, along with an inventory of the exhibits in the record and a list of the relevant entries in the court registers. The court clerk must do so within two days after notification if the appeal concerns a person’s release or personal integrity. 2014, c. 1, a. 354.
Section 354Verify source
§ 355Section 355Provision

Source excerpt

A properly initiated appeal stays execution of the judgment, unless provisional execution has been ordered or is otherwise provided for by law.

355. A properly initiated appeal stays execution of the judgment, except if provisional execution has been ordered or is provided for by law. If the sole object of the appeal is to obtain an increase or a decrease in the amount awarded by the judgment, a judge of the Court of Appeal may, on an application, order the party against which the judgment was awarded to comply with the judgment up to the uncontested amount. 2014, c. 1, a. 355.
Section 355Verify source
§ 356Section 356Provision

Source excerpt

If an appellant cannot give a full statement of appeal grounds in the notice before the appeal deadline, an appellate judge may allow a supplementary statement within a specified time.

356. If the appellant is not able, before the expiry of the time limit for appeal, to provide in the notice of appeal a detailed statement of all the grounds it plans to argue, an appellate judge, on an application and if serious reasons so warrant, may authorize the filing of a supplementary statement within a specified time. 2014, c. 1, a. 356.
Section 356Verify source
§ 357Section 357Provision

Source excerpt

If leave to appeal is required, the application is filed with the notice of appeal and decided orally by an appellate judge; if leave is granted or not required, the notice of appeal is deemed filed on the relevant date, and the appellant must file and notify the transcription certificate within 15 days.

357. If leave to appeal is required, the related application is attached to the notice of appeal together with the judgment and the exhibits and evidence necessary to obtain leave. The application is presented without delay and contested orally before an appellate judge, who decides whether or not to grant leave. The appellate clerk sends the judgment without delay to the office of the court of first instance and to the parties. If leave to appeal is granted, the notice of appeal is deemed to have been filed on the date of the judgment granting leave. If leave to appeal is denied, the judgment must give brief reasons and the Court of Appeal is no longer seized of the matter. If leave to appeal was not required and the appeal could have been initiated solely by filing a notice of appeal, the notice of appeal is deemed to have been filed on the date the judge takes note of its filing. The appellant has 15 days as of the judgment granting leave to appeal or as of the date the judge takes note of the filing of the notice of appeal to file the certificate concerning the transcription of depositions with the court office and to notify it to the other party. 2014, c. 1, a. 357.
Section 357Verify source
§ 358Section 358Provision

Source excerpt

Within 10 days after notification, the respondent, intervenors, and impleaded parties must file a representation statement; if leave to appeal is attached, the intervenors and impleaded parties have a different filing trigger. A former respondent’s lawyer must promptly notify the respondent, appellant, and Court of Appeal office if no longer acting.

358. The notice of appeal, including, if applicable, the application for leave to appeal, is served on the respondent and notified to the lawyer who represented the respondent in first instance before the expiry of the time limit for appeal. It is also notified, before the expiry of that time limit, to persons with an interest in the appeal as intervenors or impleaded parties. Within 10 days after notification, the respondent, the intervenors and the impleaded parties must file a representation statement giving the name and contact information of the lawyer representing them or, if they are not represented, a statement indicating as much. If an application for leave to appeal is attached to the notice of appeal, the intervenors and the impleaded parties are only required to file such a statement within 10 days after the judgment granting leave or after the date the judge takes note of the filing of the notice of appeal. The lawyer who represented the respondent in first instance, if no longer acting for the respondent, must so inform the respondent, the appellant and the office of the Court of Appeal without delay. 2014, c. 1, a. 358.
Section 358Verify source
§ 359Section 359Provision

Source excerpt

If a party has filed a notice of appeal, another party may file a notice of incidental appeal with the office of the Court of Appeal.

359. If a notice of appeal has been filed by a party, another party in the case may initiate an incidental appeal by filing a notice of incidental appeal with the office of the Court of Appeal. An incidental appeal is continued despite the withdrawal or dismissal of the principal appeal. 2014, c. 1, a. 359.
Section 359Verify source
§ 360Section 360Provision

Source excerpt

A party intending to appeal a judgment must file a notice of appeal within 30 days, and if leave to appeal is required, file the leave application with it.

360. A party intending to appeal a judgment is required to file a notice of appeal within 30 days after the date of the notice of judgment or after the date of the judgment if it was rendered at the hearing. If leave to appeal is required, the notice of appeal must be filed together with an application for leave to appeal. A notice of incidental appeal must be filed and served within 10 days after service of the notice of appeal or after the date of the judgment granting leave to appeal. 2014, c. 1, a. 360.
Section 360Verify source
§ 361Section 361Provision

Source excerpt

361. The time limit for appealing a judgment that lifts an interlocutory injunction or denies a person’s release is 10 days; the time limit for appealing a judgment confirming or quashing a seizure before judgment is also 10 days. The time

361. The time limit for appealing a judgment that lifts an interlocutory injunction or denies a person’s release is 10 days; the time limit for appealing a judgment confirming or quashing a seizure before judgment is also 10 days. The time limit for opposing a person’s release or appealing a judgment granting an application for authorization relating to personal integrity or ordering confinement for or after a psychiatric assessment is five days. 2014, c. 1, a. 361.
Section 361Verify source
§ 362Section 362Provision

Source excerpt

If a party dies before the appeal time limit expires without having appealed, the appeal period runs against the successors from notification of the first-instance judgment to them.

362. If a party dies before the expiry of the time limit for appeal without having exercised their right to appeal, the time runs against the successors as of the time the judgment in first instance is notified to them. 2014, c. 1, a. 362.
Section 362Verify source
§ 363Section 363Provision

Source excerpt

Appeal time limits are strict, and the right to appeal is lost when they expire.

363. The time limits for appeal are strict time limits, and the right to appeal is forfeited on their expiry. Nevertheless, the Court of Appeal may authorize an appeal if not more than six months have elapsed since the judgment and if it considers that the appeal has a reasonable chance of success and that, in addition, it was impossible in fact for the appellant to act earlier. The Court may, even after the time limit has expired, authorize an incidental appeal if it considers it appropriate. An appellate judge may, on an application, suspend the time limits for appeal if the judgment has reserved the plaintiff’s right to claim additional damages for bodily injury. The judge suspends such time limits if there are compelling reasons for an appeal against the judgment and an appeal concerning the application for additional damages to be heard together; in such a case, the duration and terms of the suspension are determined by the judge. 2014, c. 1, a. 363.
Section 363Verify source
§ 364Section 364Provision

Source excerpt

The Court of Appeal or an appellate judge may require an appellant to provide suretyship to secure appeal costs and, if the judgment is affirmed, the judgment amount.

364. The Court of Appeal or an appellate judge, on their own initiative or on an application by the respondent, may, for good cause, subject an appeal to the provision of a suretyship to guarantee payment of the appeal costs and of the judgment amount if the judgment is affirmed. The Court or the judge determines the amount of the suretyship and the time limit within which the appellant is required to furnish the surety. 2014, c. 1, a. 364.
Section 364Verify source
§ 365Section 365Provision

Source excerpt

The Court of Appeal may dismiss an appeal in specified circumstances, and an application to dismiss must be filed within 20 days after service of the notice of appeal and not before 30 days after filing.

365. The Court of Appeal, even on its own initiative, may dismiss an appeal if the right to appeal is non-existent or has been forfeited or the appeal is abusive or improperly initiated. It may also, on an application by the respondent, dismiss an appeal if the surety is not furnished within the time limit determined, the judgment under appeal has been acquiesced in or a party in whose favour the judgment was rendered has renounced the rights arising from it, or if the appeal has no reasonable chance of success. The application for the dismissal of an appeal must be filed with the office of the Court within 20 days after service of the notice of appeal, and cannot be presented before 30 days have elapsed since its filing. The time limits for preparing the appeal record are suspended until judgment is rendered on the application for the dismissal of the appeal. The inadmissibility of an appeal may be urged despite a failure to oppose the appeal within the allotted time. 2014, c. 1, a. 365.
Section 365Verify source
§ 366Section 366Provision

Source excerpt

The Court of Appeal may deny, on the face of the record, an application to dismiss an appeal if the application says the appeal has no reasonable chance of success or is abusive.

366. The Court of Appeal may, on the face of the record, deny an application for the dismissal of an appeal that is based on the grounds that the appeal has no reasonable chance of success or is abusive. 2014, c. 1, a. 366.
Section 366Verify source
§ 367Section 367Provision

Source excerpt

An appellate judge may convene the parties to discuss appeal management measures and may make procedural directions for the appeal.

367. An appellate judge may, at any time, on the judge’s own initiative or on request, convene the parties to confer with them on the advisability of adopting appeal management measures in order to define the issues really in dispute and determine possible ways of simplifying and shortening the proceedings. After giving the parties the opportunity to make representations, the judge may suggest that they take part in a settlement conference and may determine or limit the pleadings and the documents to be filed, setting the time limit for doing so. As well, the judge may decide, despite the rules otherwise applicable, that it is best to proceed by way of briefs or memorandums or may, if necessary, modify time limits prescribed by this Code. The judge may also set the date, time and duration of the hearing and, if required by the circumstances, refer the matter to the Court so that appropriate measures, including dismissal of the appeal, may be taken. The appeal management conference is held without formality and requires no prior documents. Any appropriate means of communication may be used. Appeal management decisions are binding on the parties. 2014, c. 1, a. 367.
Section 367Verify source
§ 368Section 368Provision

Source excerpt

If the appeal record is to comprise memorandums, the appellate clerk may set the hearing date and time and establish a filing calendar with the parties.

368. In matters where the appeal record is to comprise memorandums, the appellate clerk may set the date and time of the hearing and establish a calendar, with the parties, for the filing of documents. 2014, c. 1, a. 368.
Section 368Verify source
§ 369Section 369Provision

Source excerpt

A party may, at any time during the appeal proceeding and without formality, request directives from the chief justice about how the appeal will proceed.

369. At any time during the appeal proceeding, a party may, without formality, request directives from the chief justice for the subsequent conduct of the appeal. 2014, c. 1, a. 369.
Section 369Verify source
§ 370Section 370Provision

Source excerpt

Parties to an appeal must attach a hard copy transcript of relevant evidence extracts to each brief or memorandum.

370. The contentions of the parties to an appeal are stated in their respective briefs or memorandums, which are governed, as regards their content and physical preparation, by the regulations of the Court of Appeal. A hard copy transcript of relevant extracts from the evidence must be attached to each brief or memorandum. A full transcript of the depositions and evidence is filed only if available on a technological medium. 2014, c. 1, a. 370.
Section 370Verify source
§ 371Section 371Provision

Source excerpt

A respondent who makes an incidental appeal must include all particulars relevant to that incidental appeal in the brief or memorandum for the main appeal.

371. A respondent making an incidental appeal includes all particulars relevant to the incidental appeal in its brief or memorandum on the main appeal. 2014, c. 1, a. 371.
Section 371Verify source
§ 372Section 372Provision

Source excerpt

A party’s brief must include the required arguments, authorities, and excerpts; if a joint statement is included, it must be filed with the Court of Appeal within 45 days after the notice of appeal is filed.

372. In its brief, each of the parties sets out the arguments raised and the conclusions sought in relation to the issues in dispute, a list of the authorities relied on and relevant excerpts from the depositions and exhibits. In the absence of a joint statement by the parties, it includes the party’s statement of the facts and issues in dispute. The parties’ joint statement, if included, sets out the facts and the issues in dispute and identifies the evidence that is relevant to the appeal. It must be filed with the office of the Court of Appeal within 45 days after the notice of appeal is filed. 2014, c. 1, a. 372.
Section 372Verify source
§ 373Section 373Provision

Source excerpt

Briefs must be filed and notified within the applicable time limits, and an appellate judge may extend a time limit if asked before it expires.

373. Briefs must be filed with the office of the Court of Appeal and notified to the other parties to the proceeding within the time limit specified in the appeal management decision made by an appellate judge or, in the absence of such a decision, within three months after the notice of appeal is filed in the appellant’s case and within the following two months in the respondent’s case. Any other party must file a brief within four months after notification of the appellant’s brief. A respondent in an incidental appeal may file and notify a brief in reply to the incidental appeal within two months after notification of the incidental appellant’s brief. An appellate judge may extend a time limit if an application for an extension is made before the time limit expires. 2014, c. 1, a. 373.
Section 373Verify source
§ 374Section 374Provision

Source excerpt

Certain appeals require a memorandum to be filed, and an appellate judge can also order one in other cases.

374. In an appeal against a judgment in a personal integrity, status or capacity, habeas corpus, family, international child abduction or seizure matter, or against a judgment rendered in a non-contentious proceeding or in the course of a proceeding, a memorandum is filed. A memorandum is also filed in other cases if so ordered by an appeal management decision of an appellate judge. A memorandum concisely states the facts, the issues in dispute as well as the party’s contentions, conclusions and main arguments. Memorandums are filed with the office of the Court of Appeal and notified to the other parties to the proceeding within the time limits specified in the appeal management decision of the appellate clerk or an appellate judge. 2014, c. 1, a. 374.
Section 374Verify source
§ 375Section 375Provision

Source excerpt

Before the hearing, if a brief or joint statement or memorandum has been filed, an appellate judge may ask a party to file additional notes in the appeal record.

375. At any time before the hearing, after a brief or joint statement or memorandum has been filed, an appellate judge may ask a party to file additional notes in the appeal record. 2014, c. 1, a. 375.
Section 375Verify source
§ 376Section 376Provision

Source excerpt

An appeal lapses if the appellant does not file a brief or memorandum within the filing time limit.

376. The appeal lapses if the appellant does not file a brief or a memorandum within the time limit for filing. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension. A respondent or any other party that does not make a timely filing of its brief or memorandum is precluded from filing and cannot be heard at the hearing unless so authorized by the Court of Appeal. 2014, c. 1, a. 376.
Section 376Verify source
§ 377Section 377Provision

Source excerpt

Applications in a proceeding must be in writing, include notice of the presentation date, and be notified to the other parties and filed with the court office within the Court of Appeal’s prescribed time limit.

377. Any application in the course of a proceeding must be in writing and be accompanied by a notice of the date of presentation. The application must be notified to the other parties and filed with the court office within the time limit prescribed by a regulation of the Court of Appeal. 2014, c. 1, a. 377; I.N. 2016-12-01; 2020, c. 29, s. 35.
Section 377Verify source
§ 378Section 378Substitution

Source excerpt

Some incidental applications may be brought on appeal; a single appellate judge can decide them except those on the merits, and the clerk can refer an application to a judge or panel when justice requires.

378. Incidental applications available in first instance may be presented on appeal, insofar as they are applicable. An appellate judge sitting alone is competent to decide incidental applications, except those that relate to the merits of the case. However, applications to cease representing a party, for a substitution of lawyer or for the consolidation or separation of appeals, or appeal management applications for the setting or extension of time limits or for authorization to file a supplementary statement are decided by an appellate judge sitting alone or the appellate clerk. In all cases, the appellate clerk may refer an application to a judge, or the appellate judge, to a panel of the Court of Appeal, if the clerk or judge considers that the interests of justice so require. Such applications are filed by means of a letter and notified to the other parties. 2014, c. 1, a. 378.
Section 378Verify source
§ 379Section 379Provision

Source excerpt

An appellate judge may issue a safeguard order or authorize correction of an irregularity in an appeal proceeding, if the notice of appeal has been duly filed and notified.

379. In any case before the Court of Appeal, an appellate judge may issue a safeguard order or authorize the correction, within the time and subject to the conditions the judge determines, of any irregularity in the appeal proceeding, provided the notice of appeal has been duly filed and notified. 2014, c. 1, a. 379.
Section 379Verify source
§ 380Section 380Provision

Source excerpt

The Court of Appeal may allow a party to present indispensable new evidence, after the parties have had an opportunity to make representations.

380. The Court of Appeal may authorize a party to present indispensable new evidence after giving the parties an opportunity to make representations. The Court decides how the evidence is to be presented, and may even refer the case back to the court of first instance so that further proof may be made. 2014, c. 1, a. 380.
Section 380Verify source
§ 381Section 381Provision

Source excerpt

On the parties’ request, an appellate judge may preside over a settlement conference to help resolve the issues under appeal.

381. On the parties’ request, an appellate judge may, at any time, preside over a settlement conference to assist the parties in resolving the issues under appeal. Notice of the settlement conference is given to the appellate clerk by the parties, and the holding of the conference suspends the time limits prescribed by this Title. 2014, c. 1, a. 381.
Section 381Verify source
§ 382Section 382Provision

Source excerpt

A settlement conference must be held in camera with the parties and their lawyers present, at no cost, without formality, and without prior documents; anything said, written, or done is confidential.

382. A settlement conference is held in camera in the presence of the parties and of their lawyers. It is conducted at no cost to the parties and without formality and requires no prior documents. Anything said, written or done during the conference is confidential. All other rules governing the conference are defined by the judge and the parties. A transaction terminating the case is submitted to the Court of Appeal by the appellate clerk to be homologated and made enforceable. 2014, c. 1, a. 382.
Section 382Verify source
§ 383Section 383Provision

Source excerpt

The appellate clerk must set an appeal for hearing when it is ready, and certain appeals must be heard sooner.

383. The appellate clerk sets an appeal down for hearing as soon as it is ready to be heard, that is, once the appeal record has been completed by the filing of all the briefs or memorandums, or when the Court of Appeal so orders. If the appeal concerns a person’s release or personal integrity, it is set down to be heard at the earliest opportunity after the appellant’s brief is filed. If the respondent has not filed nor notified a brief or a memorandum within the allotted time, the appeal is nevertheless set down by the appellate clerk for hearing. An appellate judge or the appellate clerk may strike an appeal from the roll and postpone the hearing to a later date. 2014, c. 1, a. 383.
Section 383Verify source
§ 384Section 384Provision

Source excerpt

On request of the parties, the Court of Appeal or an appellate judge may decide the appeal on the face of the record.

384. The Court of Appeal or an appellate judge, on the parties’ request, may decide that the appeal will be decided on the face of the record. In such a case, the appellate clerk informs the parties of the date on which the appeal is to be taken under advisement and of the identity of the judges on the panel. At any time during the advisement period, the judges may ask the appellate clerk to set the appeal down for hearing if they consider that a hearing is necessary. 2014, c. 1, a. 384.
Section 384Verify source
§ 385Section 385Provision

Source excerpt

The appellate clerk must tell the parties the hearing date and the time each party has for oral argument.

385. The appellate clerk informs the parties of the hearing date and specifies the time allotted to each party for oral argument. 2014, c. 1, a. 385.
Section 385Verify source
§ 386Section 386Provision

Source excerpt

The Court of Appeal normally hears appeals with three judges. The chief justice may increase that number if they see fit. A judge who was the trial judge in first instance, or who presided over a settlement conference on the matter, cannot hear the appeal.

386. The Court of Appeal hears the parties in a three-judge panel, but that number may be increased if the chief justice sees fit. The appellate judge who was the trial judge in first instance or who presided over a settlement conference concerning the matter cannot hear the appeal. 2014, c. 1, a. 386.
Section 386Verify source
§ 387Section 387Provision

Source excerpt

A Court of Appeal decision is rendered when a majority of the judges who heard the appeal concur.

387. A decision is rendered by the Court of Appeal when a majority of the judges having heard the appeal concur. The decision may be given at the hearing by the judge who presided over the appeal hearing, even in the absence of the other judges; alternatively, it may be deposited at the office of the Court under the signature of all or the majority of the judges who heard the appeal. The appellate clerk informs the parties without delay that a decision has been rendered by the Court of Appeal and sends it to the court of first instance along with the record. All decisions of the Court of Appeal and its judges are subject to the rules of this Book governing judgments, with the necessary modifications. 2014, c. 1, a. 387.
Section 387Verify source
§ 388Section 388Provision

Source excerpt

The chief justice may order a new hearing if the interests of justice require it, and a judge who cannot act or has left office may still take part in the decision.

388. The fact that a judge who heard the appeal cannot make their opinion known does not prevent the other judges, if sufficient in number, from rendering a decision. Otherwise, the chief justice may order a new hearing if the interests of justice so require. A judge who is unable to act or has left office, including because of an appointment to another court, may nonetheless participate in the decision. 2014, c. 1, a. 388.
Section 388Verify source
§ 389Section 389Provision

Source excerpt

A Court of Appeal decision must name the judges who heard the appeal and identify any judge who disagrees with the majority, and it must give reasons unless it refers to one or more judicial opinions.

389. In addition to the operative part, a decision of the Court of Appeal must contain the names of the judges who heard the appeal and mention any judge who does not concur in the opinion of the majority. The decision must give reasons, unless it refers to one or more opinions issued by the judges. 2014, c. 1, a. 389.
Section 389Verify source
§ 390Section 390Provision

Source excerpt

390. A decision of the Court of Appeal is enforceable immediately and bears interest from the date it is rendered, unless it specifies otherwise. Its execution, as regards both the principal and any legal costs, is carried out by the court

390. A decision of the Court of Appeal is enforceable immediately and bears interest from the date it is rendered, unless it specifies otherwise. Its execution, as regards both the principal and any legal costs, is carried out by the court of first instance. However, the Court of Appeal or one of its judges, on an application, may order execution stayed, on appropriate conditions, if the party shows that it intends to bring an application for leave to appeal to the Supreme Court of Canada. 2014, c. 1, a. 390.
Section 390Verify source
§ 391Section 391Provision

Source excerpt

A competent adult or minor subject to an application about personal integrity, status, or capacity must be heard in person before the court or notary acts, unless an exception applies.

391. A person of full age or a minor who is competent to testify and who is the subject of an application relating to personal integrity, status or capacity must, before a decision is made by the court seized or minutes of the operations and conclusions are drawn up by the notary, as applicable, be heard in person for the purpose of making representations, giving their opinion or answering questions. An exception to this rule applies if it is impossible to hear the person, if it is clearly inexpedient to insist on such representations, opinion or testimony being given because of the urgency of the situation or the person’s state of health, or if it is shown to the court that requiring that the person testify could be harmful to the person’s health or safety or that of other persons. 2014, c. 1, a. 391.
Section 391Verify source
§ 392Section 392Provision

Source excerpt

The court or notary may delegate hearing the person and recording answers to specified officials or a local notary, and an interpreter may be used if needed.

392. The court seized of an application may delegate the responsibility of hearing the person of full age or the minor, and of drawing up minutes recording their answers, to a judge or a court clerk in the judicial district of the person’s residence or, at the parties’ expense, to a notary practising in that district. The minutes are sent to the court and to the applicant. In the case of a person of full age living in a remote location, the notary seized of an application may delegate the responsibility of hearing the person to another notary in order to avoid excessive travel expenses. If not sufficiently fluent in the person’s language, the notary may also mandate a notary who speaks the language. The latter hears the person, draws up minutes of the meeting and attaches the answers recorded. If it is necessary for the notary seized of the application or the other notary to retain the services of an interpreter, the interpreter, in the notary’s presence, records the answers, and attests to their faithfulness, in a document that the notary attaches to the minutes. If the person has not been examined, that fact is recorded, with reasons, in the judgment rendered by the court or in the minutes drawn up by the notary seized of the application. 2014, c. 1, a. 392.
Section 392Verify source
§ 393Section 393Provision

Source excerpt

Certain applications must be served on the person concerned, and in some cases also on a minor’s parent/guardian and tutor, with a notice attached.

393. An application relating to the personal integrity, status or capacity of a person of full age or a minor 14 years of age or older must be served on that person. In the case of a minor, it must also be served on the person having parental authority and the tutor. An application relating to suppletive tutorship must be served on the minor if the minor is 10 years of age or over. The application must be accompanied by a notice, in keeping with the model established by the Minister of Justice, informing the person of their rights and obligations, including their right to be represented. The bailiff who serves the application must draw the person’s attention to the content of the notice. 2014, c. 1, a. 393; 2017, c. 12, s. 44.
Section 393Verify source
§ 394Section 394Provision

Source excerpt

Certain applications must be notified to the Public Curator with supporting exhibits.

394. An application pertaining to any of the following must be notified to the Public Curator together with the exhibits in support of it: (1) tutorship to a person of full age; (2) tutorship to an absentee; (3) temporary representation of an incapable person of full age; (4) assistance to a person of full age; (5) a protection mandate, except an application for a judicial authorization; (6) tutorship to a minor, except an application relating to suppletive tutorship where the value of the minor’s property does not exceed $40,000; or (7) the emancipation of a minor. In any such case, the proceeding is stayed until proof of notification is received by the court office. The Public Curator, on the Public Curator’s own initiative and without notice, may take part in the trial of any such application. 2014, c. 1, a. 394; 2017, c. 12, s. 45; 2020, c. 11, s. 110.
Section 394Verify source
§ 395Section 395Provision

Source excerpt

An application for court authorization to provide care or to alienate part of a body may not be filed until at least five days after notice to the interested persons.

395. An application to obtain authorization from the court for the provision of care to a minor or to a person of full age incapable of giving consent, or for the alienation of a part of their body, cannot be presented before the court less than five days after the application is notified to the interested persons, including the person having parental authority, the tutor or, in the case of a person of full age, the mandatary designated by the person at the time the person was capable of giving consent or, if not so represented, by a person who could consent to care for the person. If there are no such persons, the application and exhibits are notified to the Public Curator. These persons may consult or copy the court record. 2014, c. 1, a. 395; I.N. 2016-12-01; 2020, c. 29, s. 36; 2020, c. 11, s. 111.
Section 395Verify source
§ 396Section 396Provision

Source excerpt

An application about confinement for or after a psychiatric assessment cannot be brought before the court until at least two days after notification, and the specified people may consult or copy the court record.

396. An application concerning a person’s confinement in a health or social services institution for or after a psychiatric assessment cannot be presented before the court less than two days after it is notified, in the case of a minor, to the person having parental authority and the tutor and, in the case of a person of full age, to the tutor or mandatary or, if the person is not so represented, to a member of the person’s family, to the person in whose custody the person is confined or to a person who shows a special interest in the person. If there are no such persons, the application and exhibits are notified to the Public Curator. These persons may consult or copy the court record. 2014, c. 1, a. 396; 2020, c. 29, s. 37; 2020, c. 11, s. 254.
Section 396Verify source

Legislative relationships

1 referenced instrument

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A–F

1 instrument

  • Deposit Institutions and Deposit Protection Act

    Section 216

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Current-law checkpoint
  • 10 Jun 2026 · currentEnglish

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Statute information is organised from identified legislative sources for professional research. Corrections can be reported to hello@esheria.ai.