C-25.01 - Code of Civil Procedure

Section 547 Disposition versions

2023-06-30

547. The options available to the defendant are the following:

(1)  to pay the amount claimed and the costs borne by the plaintiff to the court office or pay them directly to the plaintiff and send the proof of payment or acquittance obtained from the plaintiff to the court office, or to reach a settlement with the plaintiff and send a document recording the settlement agreement to the court office; or

(2)  to defend on the merits and so inform the court office, specifying the grounds of defence, which may include prescription.

In addition, a defendant who chooses to defend the application may

(1)  ask that the dispute be referred to mediation;

(2)  ask that the application be dismissed, that the case be referred to another judicial district or to another court or to the competent administrative tribunal, or that the case be tried by the same court but under the rules of Title I.1 of this Book, specifying the reasons for the request;

(3)  ask that a third person be forced to intervene as a co-defendant or an impleaded party, in order to assert a recourse in warranty against that person or allow full resolution of the dispute, in which case the defendant informs the court clerk of the person’s name and last known address;

(4)  assert the defendant’s own claim against the plaintiff, provided it arises from the same source as the application or from a related source and the amount claimed would make it admissible under this Title, or ask for the resolution, resiliation or annulment of the contract on which the application is founded; or

(5)  make a tender and deposit the amount tendered with the court office or with a trust company authorized under the Trust Companies and Savings Companies Act (chapter S-29.02).

2014, c. 1, a. 547; I.N. 2016-12-01; 2018, c. 23, s. 737; 2023, c. 3, s. 12.

2019-06-13

547. The options available to the defendant are the following:

(1)  to pay the amount claimed and the costs borne by the plaintiff to the court office or pay them directly to the plaintiff and send the proof of payment or acquittance obtained from the plaintiff to the court office, or to reach a settlement with the plaintiff and send a document recording the settlement agreement to the court office; or

(2)  to defend on the merits and so inform the court office, specifying the grounds of defence, which may include prescription.

In addition, a defendant who chooses to defend the application may

(1)  ask that the dispute be referred to mediation;

(2)  ask that the application be dismissed, that the case be referred to another judicial district or to another court or to the competent administrative tribunal, or that the case be tried by the same court but under the rules of Book II, specifying the reasons for the request;

(3)  ask that a third person be forced to intervene as a co-defendant or an impleaded party, in order to assert a recourse in warranty against that person or allow full resolution of the dispute, in which case the defendant informs the court clerk of the person’s name and last known address;

(4)  assert the defendant’s own claim against the plaintiff, provided it arises from the same source as the application or from a related source and the amount claimed would make it admissible under this Title, or ask for the resolution, resiliation or annulment of the contract on which the application is founded; or

(5)  make a tender and deposit the amount tendered with the court office or with a trust company authorized under the Trust Companies and Savings Companies Act (chapter S-29.02).

2014, c. 1, a. 547; I.N. 2016-12-01; 2018, c. 23, s. 737.

2016-12-01

547. The options available to the defendant are the following:

(1)  to pay the amount claimed and the costs borne by the plaintiff to the court office or pay them directly to the plaintiff and send the proof of payment or acquittance obtained from the plaintiff to the court office, or to reach a settlement with the plaintiff and send a document recording the settlement agreement to the court office; or

(2)  to defend on the merits and so inform the court office, specifying the grounds of defence, which may include prescription.

In addition, a defendant who chooses to defend the application may

(1)  ask that the dispute be referred to mediation;

(2)  ask that the application be dismissed, that the case be referred to another judicial district or to another court or to the competent administrative tribunal, or that the case be tried by the same court but under the rules of Book II, specifying the reasons for the request;

(3)  ask that a third person be forced to intervene as a co-defendant or an impleaded party, in order to assert a recourse in warranty against that person or allow full resolution of the dispute, in which case the defendant informs the court clerk of the person’s name and last known address;

(4)  assert the defendant’s own claim against the plaintiff, provided it arises from the same source as the application or from a related source and the amount claimed would make it admissible under this Title, or ask for the resolution, resiliation or annulment of the contract on which the application is founded; or

(5)  make a tender and deposit the amount tendered with the court office or with a trust company.

2014, c. 1, a. 547; I.N. 2016-12-01.

2016-01-01

547. The options available to the defendant are the following:

(1)  to pay the amount claimed and the costs borne by the plaintiff to the court office or pay them directly to the plaintiff and send the proof of payment or acquittance obtained from the plaintiff to the court office, or to reach a settlement with the plaintiff and send a document recording the settlement agreement to the court office; or

(2)  to defend on the merits and so inform the court office, specifying the grounds of defence, which may include prescription.

In addition, a defendant who chooses to defend the application may

(1)  ask that the dispute be referred to mediation;

(2)  ask that the application be dismissed, that the case be referred to another judicial district or to the competent court or administrative tribunal, or that the case be tried by the same court but under the rules of Book II, specifying the reasons for the request;

(3)  ask that a third person be forced to intervene as a co-defendant or an impleaded party, in order to assert a recourse in warranty against that person or allow full resolution of the dispute, in which case the defendant informs the court clerk of the person’s name and last known address;

(4)  assert the defendant’s own claim against the plaintiff, provided it arises from the same source as the application or from a related source and the amount claimed would make it admissible under this Title, or ask for the resolution, resiliation or annulment of the contract on which the application is founded; or

(5)  make a tender and deposit the amount tendered with the court office or with a trust company.

2014, c. 1, a. 547.