C-25.01 - Code of Civil Procedure

Section 478 Disposition versions

2016-01-01

478. A person may open a safety deposit box leased by another person in a financial institution if authorized to do so by that person or, if that person is deceased, by the liquidator of the succession or, in the absence of a liquidator, by the successors. As well, a person may open such a safety deposit box if authorized by the court to do so.

The court grants its authorization only if it is satisfied that all those who may have rights in the property contained in the safety deposit box have been notified of the application or that sufficient effort has been made to notify them. The court may authorize the opening of the box subject to the conditions it specifies.

When the safety deposit box is opened, a notary or a bailiff draws up minutes stating the names of the persons present and describing the content of the box and the property removed from the box. If the lessee of the box is deceased, only a notary is authorized to draw up the minutes.

2014, c. 1, a. 478.