C-73.2, r. 6 - Regulation respecting disciplinary proceedings of the Organisme d’autoréglementation du courtage immobilier du Québec

Section 55 Disposition versions

2016-01-01

55. The discipline committee may condemn a complainant or respondent to costs or apportion the costs between them as it indicates.

Where the chair or a vice-chair of the discipline committee dismisses a complaint under section 41, he may condemn the complainant to costs.

The costs are those related to the processing of the complaint. They include, in particular, notification costs, recording costs, the cost of expert opinion admitted in evidence, as well as the indemnities payable to summoned witnesses, calculated in accordance with the tariff established in the Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice (chapter C-25.01, r. 0.5). If the respondent is found guilty, the costs also include the travel and lodging expenses of the discipline committee members and the clerk of the hearing.

Where a condemnation to costs becomes enforceable, the secretary of the discipline committee must draw up a list of costs and have it notified in accordance with the Code of Civil Procedure (chapter C-25.01). The list may be revised by the chair or a vice-chair of the discipline committee that heard the case, on an application filed within 30 days of the date of notification. At least 5 days’ notice of the filing must be given to the parties in writing. An application for revision does not prevent or suspend the execution of the decision. The decision of the chair or a vice-chair of the discipline committee concerning the revision of the list is final.

O.C. 297-2010, s. 55; I.N. 2016-01-01 (NCCP).

2012-09-01

55. The discipline committee may condemn a complainant or respondent to costs or apportion the costs between them as it indicates.

Where the chair or a vice-chair of the discipline committee dismisses a complaint under section 41, he may condemn the complainant to costs.

The costs are those related to the processing of the complaint. They include, in particular, service costs, recording costs, the cost of expert opinion admitted in evidence, as well as the indemnities payable to summoned witnesses, calculated in accordance with the tariff established in the Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice (chapter C-25.01, r. 0.5). If the respondent is found guilty, the costs also include the travel and lodging expenses of the discipline committee members and the clerk of the hearing.

Where a condemnation to costs becomes enforceable, the secretary of the discipline committee must draw up a list of costs and have it served in accordance with the Code of Civil Procedure (chapter C-25). The list may be revised by the chair or a vice-chair of the discipline committee that heard the case, on a motion filed within 30 days of the date of service. At least 5 days’ notice of the filing must be given to the parties in writing. A motion for revision does not prevent or suspend the execution of the decision. The decision of the chair or a vice-chair of the discipline committee concerning the revision of the list is final.

O.C. 297-2010, s. 55.