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C-25.01, r. 0.6.1 - Regulation respecting the mediation and arbitration of small claims
Section 23
Disposition versions
23. Where a case is subject to mandatory mediation, the court clerk notifies the parties and informs them of their right to be exempted from mediation for a reason referred to in section 22.
A party that wishes to be exempted from mandatory mediation must apply in writing to the court not later than 20 days after having been notified by the service that the case is subject thereto. This is a strict time limit. The court clerk informs the other parties of the application; they have 15 days to submit observations in writing. If the party invokes a ground referred to in the second paragraph of article 570 of the Code of Civil Procedure (chapter C-25.01) or if the party invokes as serious grounds being a victim of domestic or sexual violence by another party, the court clerk informs the other parties that the case is not subject to mandatory mediation without specifying the reason and without indicating that observations are expected.
The application is decided by the special clerk or by the judge in chambers. The decision must give reasons. The court clerk informs the parties of the decision rendered.
In force: 2023-11-23
23. Where a case is subject to mandatory mediation, the court clerk notifies the parties and informs them of their right to be exempted from mediation for a reason referred to in section 22.
A party that wishes to be exempted from mandatory mediation must apply in writing to the court not later than 20 days after having been notified by the service that the case is subject thereto. This is a strict time limit. The court clerk informs the other parties of the application; they have 15 days to submit observations in writing. If the party invokes a ground referred to in the second paragraph of article 570 of the Code of Civil Procedure (chapter C-25.01) or if the party invokes as serious grounds being a victim of domestic or sexual violence by another party, the court clerk informs the other parties that the case is not subject to mandatory mediation without specifying the reason and without indicating that observations are expected.
The application is decided by the special clerk or by the judge in chambers. The decision must give reasons. The court clerk informs the parties of the decision rendered.
