152. If article 65 applies to the plaintiff, the defendant may request, at the time of presentation of the motion to institute proceedings, that the plaintiff be required to give security, within the time determined by the court, for the costs that may be incurred in consequence of the action, on pain of dismissal of the action. The court determines the amount of the security on the basis of such factors as the nature and importance of the case and the costs associated with incidental proceedings, experts’ appraisals, the examination of witnesses out of court, the type of hearing and the length of the trial. Other factors to be considered are the value of the property held in Québec by, and the ability to pay of, the plaintiff or the mandator, if not a resident of Québec.
At the request of a party during the proceeding, the court may increase or reduce the amount of security if warranted by the development of the case or a change in the situation of the plaintiff.
1965 (1st sess.), c. 80, a. 152; 1992, c. 57, s. 420; 1999, c. 40, s. 56; 2002, c. 7, s. 20.