C-25 - Code of Civil Procedure

Section 762 Disposition versions

2003-01-01

762. (Repealed).

1965 (1st sess.), c. 80, a. 762; 1972, c. 70, s. 25; 1992, c. 57, s. 367; 1996, c. 5, s. 47; 2002, c. 7, s. 107.

1997-01-01

762. Unless otherwise provided, applications made under this Title are introduced by way of a motion in accordance with the particular rules that it contains.

These particular rules also apply to applications made pursuant to the Civil Code of Québec (Statutes of Québec, 1991, chapter 64) in the following matters:

(a)  applications concerning changes to a trust and trust patrimony and applications concerning the termination of a trust or the revocation of, or change to, a legacy or charge for the donee;

(b)  applications relating to the respect of reputation and privacy, including suits for slander;

(c)  applications relating to respect of the body after death;

(d)  applications for additional damages for bodily injury;

(e)  applications made under articles 1005, 1237, 1238, 1512, 1774, 2339 and 2378 of the Civil Code of Québec;

(f)  applications relating to rights and obligations resulting from a lease.

1965 (1st sess.), c. 80, a. 762; 1972, c. 70, s. 25; 1992, c. 57, s. 367; 1996, c. 5, s. 47.

1994-01-01

762. Unless otherwise provided, applications made under this Title are introduced by way of a motion in accordance with the particular rules that it contains.

These particular rules also apply to applications made pursuant to the Civil Code of Québec in the following matters:

(a)  applications concerning changes to a trust and trust patrimony and applications concerning the termination of a trust or the revocation of, or change to, a legacy or charge for the donee;

(b)  applications relating to the respect of reputation and privacy;

(c)  applications relating to respect of the body after death;

(d)  applications for additional damages for bodily injury;

(e)  applications made under articles 1005, 1237, 1238, 1512, 1774, 2339 and 2378 of the Civil Code of Québec.

1965 (1st sess.), c. 80, a. 762; 1972, c. 70, s. 25; 1992, c. 57, s. 367.

1977-12-31

762. An owner who wishes to compel his neighbour to have the boundaries determined, to verify ancient boundaries or to rectify the division line between their contiguous immoveables, must first put him in default to consent to do so and to agree upon a surveyor to carry out the necessary operations. Such putting in default is effected by the service of a notice containing:

(1)  a statement of the demand and of the grounds therefor without mentioning disturbances, damages, or other claims;

(2)  the description of the immoveables concerned;

(3)  the name and residence of the surveyor suggested for the operations;

(4)  a notification that the demand will be brought before the competent court unless, within fifteen days, there is agreement on the right to have the boundaries determined and on the choice of a surveyor.

If the owners of contiguous immoveables agree to have the boundaries determined and on the choice of a surveyor, the putting in default provided for in the first paragraph may be replaced by an agreement to have the boundaries determined signed by such owners and containing the elements which should be contained in the putting in default that it replaces.

1965 (1st sess.), c. 80, a. 762; 1972, c. 70, s. 25.