C-25.01 - Code of Civil Procedure

Section 391 Disposition versions

2016-01-01

391. A person of full age or a minor who is competent to testify and who is the subject of an application relating to personal integrity, status or capacity must, before a decision is made by the court seized or minutes of the operations and conclusions are drawn up by the notary, as applicable, be heard in person for the purpose of making representations, giving their opinion or answering questions.

An exception to this rule applies if it is impossible to hear the person, if it is clearly inexpedient to insist on such representations, opinion or testimony being given because of the urgency of the situation or the person’s state of health, or if it is shown to the court that requiring that the person testify could be harmful to the person’s health or safety or that of other persons.

2014, c. 1, a. 391.