C-25.01 - Code of Civil Procedure

Section 458 Disposition versions

2016-06-08

458. An opposition to a marriage or civil union must be notified, at least five days before the date the opposition is to be presented, to the officiant, to the registrar of civil status and to the intended spouses.

Unless it is abusive, the court admits the opposition and sets an early hearing date. Admission of the opposition stays the solemnization of the marriage or civil union. If the opposition is not presented on the scheduled date, any party may obtain a default certificate from the court clerk. On receiving notification of the default certificate, the officiant may proceed with the solemnization of the marriage or civil union.

When dismissing an opposition, the court, on an application, may immediately order the opposer to pay damages or may schedule a date to hear evidence on damages. The court may also, on an application by the opposer, order that damages be paid by anyone who takes or threatens to take reprisals against the opposer because of the opposer’s opposition.

2014, c. 1, a. 458; 2016, c. 12, s. 20.

2016-01-01

458. An opposition to a marriage or civil union must be notified, at least five days before the date the opposition is to be presented, to the officiant, to the intended spouses and, in the case of a marriage, to any person who must consent to its solemnization.

Unless it is abusive, the court admits the opposition and sets an early hearing date. Admission of the opposition stays the solemnization of the marriage or civil union. If the opposition is not presented on the scheduled date, any party may obtain a default certificate from the court clerk. On receiving notification of the default certificate, the officiant may proceed with the solemnization of the marriage or civil union.

When dismissing an opposition, the court, on an application, may immediately order the opposer to pay damages or may schedule a date to hear evidence on damages.

2014, c. 1, a. 458.