C-25.01 - Code of Civil Procedure

Section 82 Disposition versions

2023-12-29

82. The courts do not sit on Saturdays or on holidays within the meaning of section 61 of the Interpretation Act (chapter I-16), nor do they sit on 26 December or 2 January, which are considered holidays for civil procedure purposes. In urgent cases, an application may be heard on a Saturday or a holiday by the on-call judge designated by the chief justice or chief judge.

In addition, courts of first instance are not required to sit between 30 June and 1 September, or between 20 December and 7 January. They are nevertheless required to hear cases relating to personal integrity, status or capacity or family matters, cases concerning a labour or leasing contract, cases brought under the Act respecting expropriation (chapter E-25), cases proceeding by default, incidental proceedings, proceedings concerning provisional measures or control measures, non-contentious applications and applications incidental to the execution of judgments. If they hold a trial on the merits during such a period, they must make sure, before setting the date, that the parties and their lawyers and their witnesses, if any, may attend without any major inconvenience to themselves or their families.

In all circumstances, habeas corpus applications, applications relating to personal integrity and applications identified as urgent by law or considered urgent by the chief justice or chief judge have priority, in that order, over any other.

2014, c. 1, a. 82; I.N. 2016-12-01; 2023, c. 27, s. 192.

2016-12-01

82. The courts do not sit on Saturdays or on holidays within the meaning of section 61 of the Interpretation Act (chapter I-16), nor do they sit on 26 December or 2 January, which are considered holidays for civil procedure purposes. In urgent cases, an application may be heard on a Saturday or a holiday by the on-call judge designated by the chief justice or chief judge.

In addition, courts of first instance are not required to sit between 30 June and 1 September, or between 20 December and 7 January. They are nevertheless required to hear cases relating to personal integrity, status or capacity or family matters, cases concerning a labour or leasing contract, cases proceeding by default, incidental proceedings, proceedings concerning provisional measures or control measures, non-contentious applications and applications incidental to the execution of judgments. If they hold a trial on the merits during such a period, they must make sure, before setting the date, that the parties and their lawyers and their witnesses, if any, may attend without any major inconvenience to themselves or their families.

In all circumstances, habeas corpus applications, applications relating to personal integrity and applications identified as urgent by law or considered urgent by the chief justice or chief judge have priority, in that order, over any other.

2014, c. 1, a. 82; I.N. 2016-12-01.

2016-01-01

82. The courts do not sit on Saturdays or on holidays within the meaning of section 61 of the Interpretation Act (chapter I-16), nor do they sit on 26 December or 2 January, which are considered holidays for civil procedure purposes. In urgent cases, an application may be heard on a Saturday or a holiday by the on-call judge designated by the chief justice or chief judge.

In addition, courts of first instance are not required to sit between 30 June and 1 September, or between 20 December and 7 January. They are nevertheless required to hear cases relating to personal integrity, status or capacity or family matters, cases concerning a labour or leasing contract, cases proceeding by default, incidental proceedings, proceedings concerning provisional remedies or control measures, non-contentious applications and proceedings incidental to the execution of judgments. If they hold a trial on the merits during such a period, they must make sure, before setting the date, that the parties and their lawyers and their witnesses, if any, may attend without any major inconvenience to themselves or their families.

In all circumstances, habeas corpus applications, applications relating to personal integrity and applications identified as urgent by law or considered urgent by the chief justice or chief judge have priority, in that order, over any other.

2014, c. 1, a. 82.