The formal notice must be notified at least 30 days before the trial. The parties have 10 days to notify their opposition to the third person and the other parties. A habeas corpus order is served personally, unless circumstances prevent it, in which case the court determines the method of notification it considers most appropriate. 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. The notice is notified at least one month but not more than two months before the trial date, unless the parties agree to a shorter notice period. If the sale cannot take place on that date, the bailiff must publish a new notice of sale. If it is subject to a condition or to the performance of an obligation by the debtor, the seizure is binding until the condition is fulfilled or the obligation performed. It must describe the immovables concerned and include the name and contact information of the land surveyor proposed to perform the operations. Judgments of the Superior Court and the Court of Québec that terminate a proceeding, and judgments or orders that pertain to personal integrity, status or capacity, the special rights of the State or contempt of court, may be appealed as of right. If the application concerns a person who is domiciled or resident in a foreign State, the court may issue a rogatory commission either to a competent authority in that State or to Canadian diplomatic or consular authorities. Periodically seized or collected income must be distributed to the creditors by the bailiff or, as applicable, by the court clerk at least quarterly, but in the case of a support creditor, at least monthly. Règlement d’application de l’article 1614 du Code civil sur l’actualisation des dommages-intérêts en matière de préjudice corporel CCQ, r. 2 : Règlement sur la capitalisation boursière minimale d’une société aux fins du paragraphe 9 de l’article 1339 du Code civil CCQ, r. 3 (Article 25, Civil In any Act or statutory instrument, the following terminological changes are made, with the necessary modifications: “recours collectif” in the French text, and “recours” in the French text when it means “recours collectif”, are replaced by “action collective” and “action”, respectively; “distress warrant”, “writ”, “writ of execution”, “writ of seizure”, “writ of seizure in execution”, “writ of seizure in execution of an immovable”, “writ of seizure in execution of movable property”, “writ of seizure of immovables”, “writ of seizure of movable property”, “writ of seizure of movable property in execution”, and “writ of seizure of property” are replaced by “notice”, “notice of execution” or “order”, depending on the context, if a substitution is necessary, and if not, they are struck out; “juridiction” in the French text, when referring to the jurisdiction of a court of justice or an administrative tribunal, is replaced by “compétence”; “extrajudicial costs”, “extrajudicial fees”, “extra-judicial professional fees”, are replaced by “professional fees”, and “judicial fees” is struck out; “juridical day” is replaced by “working day” and “non-juridical day” is replaced by “holiday”; “mandate given in the anticipation of the mandator’s incapacity” or the equivalent is replaced by “protection mandate”; “writ of seizure by garnishment” and “writ of attachment” are replaced by “order to seize property in the hands of a third person”; “writ of possession” and “writ in an action of ejectment” are replaced by “eviction order”; “writ of habeas corpus” is replaced by “habeas corpus order”; “certified mail”, “certified or registered mail”, “registered or certified mail”, “registered or certified post”, “registered letter”, “registered or certified letter”, “registered mail”, “certified or registered letter” and “recommended or certified mail” are replaced by “registered mail”; any text, whether or not it contains an express reference to the Code of Civil Procedure (. The declaration is registered with the court office. The share to be given to each creditor is calculated by determining the value of each item or part of property in relation to the value of the whole. Legal costs are disregarded. An injunction is an order of the Superior Court directing a person or, in the case of a legal person, a partnership or an association or another group not endowed with juridical personality, its officers or representatives to refrain from or cease doing something or to perform a specified act. A judgment rendered against the formal warrantor is enforceable against the plaintiff in warranty after it is notified to the latter. 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. The transmission slip must set out the nature of the document, the court record number, the names and contact information of the sender and the addressee, and the place, date, hour and minute of sending; unless the document was sent by a bailiff, the transmission slip must also contain the information needed to enable the addressee to make sure that the entire document was sent. A hard copy transcript of relevant extracts from the evidence must be attached to each brief or memorandum. 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. A time limit described by this Code as a strict time limit cannot be extended unless the court is convinced that it was impossible in fact for the party concerned to act sooner. The court costs and fees are included in the execution costs. The following are not included in the debtor’s income, however: support declared by the donor or testator to be exempt from seizure, except for the portion determined by the court; judicially awarded support, if intended to provide for a minor child; employer contributions to a retirement, insurance or social security fund; the value of food and lodging provided or paid by the employer for work-related travel. take measures to simplify or expedite the proceeding and shorten the trial by ruling, among other things, on the advisability of ordering the consolidation or separation of proceedings or the splitting of the proceeding, of better defining the issues in dispute, of amending the pleadings, of limiting the length of the trial, of admitting facts or documents, of authorizing affidavits in lieu of testimony or of determining the procedure and time limit for the disclosure of exhibits and other evidence between the parties, or by convening the parties to a case management conference or a settlement conference, or encouraging them to use mediation; assess the purpose and usefulness of seeking expert opinion, whether joint or not, determine the mechanics of that process as well as the anticipated costs, and set a time limit for submission of the expert report; if the parties failed to agree on joint expert evidence, assess the merits of their reasons and impose joint expert evidence if it is necessary to do so to uphold the principle of proportionality and if, in light of the steps already taken, doing so is conducive to the efficient resolution of the dispute without, however, jeopardizing the parties’ right to assert their contentions; determine terms for the conduct of pre-trial examinations, if such examinations are required, including their number and their length when it appears necessary to exceed the time prescribed by this Code; order notification of the application to persons whose rights or interests may be affected by the judgment, or invite the parties to bring a third person in as an intervenor or to implead a third person if the court considers that that person’s participation is necessary in order to resolve the dispute and, in family or personal status or capacity matters, order the production of additional evidence; rule on any special requests made by the parties, modify the case protocol or authorize or order provisional measures or safeguard measures as it considers appropriate; determine whether the defence is to be oral or written; extend the time limit for trial readiness; or. A seizure is recorded in minutes prepared by the bailiff. 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. The bailiff may apply to the court for an order authorizing the sale if such conditions and restrictions significantly reduce the value of the securities or security entitlements; in such a case, the court determines the applicable conditions. Service by a person designated by a bailiff is proved by a certificate of service drawn up by the person, stating their name, capacity and address. Any interested party may, within 15 days after receiving notification of a creditor’s claim, contest the claim by notifying the contestation to the bailiff or the court clerk, the debtor and the seizing creditor. The arbitrator, on their own initiative, may correct any error in writing or calculation or any other clerical error in the arbitration award within 30 days after the award date. 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 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. 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. However, in the case of a judgment under Title II of Book VI, execution may be forced only after the expiry of 30 days since it was rendered or, in the case of a default judgment following failure to answer the summons, attend a case management conference or defend on the merits, after the expiry of 10 days since it was rendered. The court may do likewise in order to avoid unnecessary travel by a witness living in a remote location. If international trade interests, including interprovincial trade interests, are involved in arbitration proceedings, consideration may be given, in interpreting this Title, to the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985, and its amendments. As well, a person may open such a safety deposit box if authorized by the court to do so. However. This mission overrides the parties’ interests. A party may ask, in the course of a proceeding, that its lawyer be disavowed and that acts that exceeded the scope of that lawyer’s mandate be repudiated. At any time thereafter, such extensions shall be notified to the Ministry of Foreign Affairs of the Netherlands. 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. Any group of persons authorized by its constituting Act to take part in judicial proceedings may do so before the courts of Québec. If applicable, the court clerk forwards it to the office of the court having territorial jurisdiction designated by the plaintiff. If the request is found to be admissible, the court clerk notifies the decision to the plaintiff and the latter may, within 15 days after the notification, ask for a review of the decision by the court seized of the application. The bailiff may sell, without delay or formality, movable property that is perishable, likely to depreciate rapidly or expensive to preserve. An application for authorization, approval or homologation is, when there is a dispute, presented before the court on the date specified in the attached notice of presentation. A will probated by the court is deposited at the court office. The bailiff files with the court office, in each of the records concerned, an amended notice identifying any creditor joining in the execution proceedings, setting out the particulars of that creditor’s claim and describing any additional execution measures considered expedient. 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. Experts act under their professional oath. If the defence is oral, the arguments made are recorded in the minutes of the hearing or in a brief outline attached to the minutes. (Amendment integrated into the Civil Code, a. The parties must undertake to attend all meetings to which they are invited by the mediator. 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 parties and the lawyers, or in non-contentious proceedings, the notaries representing the parties, must see to it that exhibits and other documents that contain identifying particulars generally held to be confidential are filed in a form that protects the confidentiality of the information. An application in the course of a proceeding may also be set out in a note, a letter or a notice if it concerns a case management measure, if the judge so requires or if the judge and the parties so agree. In a case relating to adoption, the judgment is notified to the parties or their representatives in compliance with the rules governing publication of judgments in family matters. Nor can it be seized if it is necessary in order to meet the basic needs of the debtor and the debtor’s dependants or ensure that they receive the care required by their state of health or can pursue their education. When seizing movable property of an enterprise, a road vehicle, other movable property which, according to the regulation under article 2683 of the Civil Code, may be hypothecated or a group of such items of property, the bailiff checks in the register of personal and movable real rights whether rights in the property have been granted. The defendant, regardless of the number of employees in the defendant’s employ, may assert against the plaintiff the defendant’s own claim arising from the same source as the application or from a related source, provided the amount claimed does not exceed $15,000, or request the resolution, resiliation or annulment of the contract on which the application is founded. 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. Before making the seizure so authorized, the bailiff must ask the debtor to hand over the property. The seizure of movable property may be effected between 7 a.m. and 9 p.m. on any day except a holiday by serving the notice of execution on the debtor and the garnishee. 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. As soon as the judgment is signed, the court clerk notifies a copy to each party, together with a notice to the debtor stating that since the judgment has been rendered against that person, failure to settle the outstanding claim within the time limits prescribed by this Code could result in the person’s assets, including income and investments, being seized and, if necessary, sold under judicial authority. It is also forced when a party intends to exercise a recourse in warranty against the third person. On their own initiative or on an application, judges may refer to the court any matter submitted to them in chambers or in another place serving as chambers. If a case has been set down following the defendant’s failure to attend the case management conference without valid cause or to defend the application within the time limit set in the case protocol, the plaintiff must give the defendant at least five days’ advance notice before the case proceeds to trial. An application brought before the Court of Québec is no longer within the jurisdiction of that Court if a cross-application is made for an amount or value equal to or exceeding $85,000, or if an amendment to the application increases the amount claimed or the value of the subject matter of the dispute to $85,000 or more. 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. All other pleadings must be filed with proof of notification and with any other required document. Syndicates of co-owners and associations and other groups not endowed with juridical personality may be designated by the name by which they are generally known; if the name of a syndicate of co-owners is not known, it may be designated by the address of the immovable. 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. A party may ask for an interlocutory injunction in the course of a proceeding or even before the filing of the originating application if the latter cannot be filed in a timely manner. The application cannot be presented less than 10 days nor more than two months after it was notified. 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. 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. If the bailiff considers it necessary, the bailiff may retain the services of a lawyer or a notary to assist in preparing the collocation scheme, or ask the court for any order to facilitate the distribution of the proceeds of the sale or the sums seized. A judge of the Court of Appeal may, however, suspend execution of the judgment. 25. 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