C-25 - Code of Civil Procedure

Section 89 Disposition versions

2001-11-01

89. The following must be expressly alleged and supported by affidavit:

(1)  the contestation of a signature or of a material part of any private writing, or of the fulfilment of the formalities required for the validity of a writing;

(2)  the pretension of the heirs or legal representatives of the signatory of a document contemplated in paragraph 1, that they do not know the handwriting or signature of the person whom they represent;

(3)  the contestation of a semi-authentic act;

(4)  the contestation of a technology-based document on the ground of a violation of integrity ; in such a case the affidavit must state precisely the facts and reasons suggesting a probable violation of the document’s integrity.

Failing such affidavit, the writings are held to be admitted or the formalities to have been fulfilled, as the case may be.

1965 (1st sess.), c. 80, a. 89; 1992, c. 57, s. 199; 2001, c. 32, s. 90.

1994-01-01

89. The following must be expressly alleged and supported by affidavit:

(1)  the contestation of a signature or of a material part of any private writing, or of the fulfilment of the formalities required for the validity of a writing;

(2)  the pretension of the heirs or legal representatives of the signatory of a document contemplated in paragraph 1, that they do not know the handwriting or signature of the person whom they represent;

(3)  the contestation of a semi-authentic act;

(4)  the contestation of a document reproducing the data of a juridical act that are entered on a computer system.

Failing such affidavit, the writings are held to be admitted or the formalities to have been fulfilled, as the case may be.

1965 (1st sess.), c. 80, a. 89; 1992, c. 57, s. 199.

1977-12-31

89. The following must be expressly alleged and supported by affidavit:

(1)  the denial of a signature or of a material part of any private writing, or of the fulfilment of the formalities required for the validity of a writing;

(2)  the pretension of the heirs or legal representatives of the signatory of a document contemplated in paragraph 1, that they do not know the handwriting or signature of the person whom they represent;

(3)  the denial of any document contemplated in article 1220 of the Civil Code.

Failing such affidavit, the writings are held to be admitted or the formalities to have been fulfilled, as the case may be.

1965 (1st sess.), c. 80, a. 89.