C-25 - Code of Civil Procedure

Section 1011 Disposition versions

1982-06-30

1011. The representative brings his demand in accordance with the ordinary rules. If he does not do so within three months of the authorization, the court may declare it perempted upon motion by any interested party served on the representative and accompanied with a notice of at least 30 days of its presentation. The notice must also be published at least 15 days before the date of presentation of the motion, in the same manner as the notice of the judgment granting the motion to authorize the bringing of the class action, unless the court orders another mode of publication.

So long as the motion is not decided, the representative or another member requesting to be substituted for him may still avoid the declaration of peremption of the authorization by bringing his demand; in such case, the court grants the motion, but for the costs only.

1978, c. 8, s. 3; 1982, c. 37, s. 22.

1979-01-19

1011. The representative brings his demand in accordance with the ordinary rules. If he does not do so within three months of the authorization, the court may declare it perempted upon motion by any interested party served on the representative and accompanied with a notice of at least thirty days of its presentation.

So long as the motion is not decided, the representative may still avoid the declaration of peremption of the authorization by bringing his demand; in such case, the court grants the motion, but for the costs only.

1978, c. 8, s. 3.