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C-25.01, r. 0.6.1 - Regulation respecting the mediation and arbitration of small claims
Section 45
Disposition versions
45. A party that receives the notice of arbitration provided for in section 31 may refuse that the case be referred to an arbitrator.
To do so, the party must send to the court office, within 30 days of notification of the notice of arbitration, a notice of refusal of arbitration using the form prescribed by the Minister of Justice; the case is then submitted to the court. This is a strict time limit.
A party that does not send the notice of refusal is deemed to agree to arbitration.
Where the court clerk does not receive a notice of refusal within 30 days of the notification of the notice of arbitration, the mediation and arbitration service refers the case to an arbitrator.
In force: 2023-11-23
45. A party that receives the notice of arbitration provided for in section 31 may refuse that the case be referred to an arbitrator.
To do so, the party must send to the court office, within 30 days of notification of the notice of arbitration, a notice of refusal of arbitration using the form prescribed by the Minister of Justice; the case is then submitted to the court. This is a strict time limit.
A party that does not send the notice of refusal is deemed to agree to arbitration.
Where the court clerk does not receive a notice of refusal within 30 days of the notification of the notice of arbitration, the mediation and arbitration service refers the case to an arbitrator.
