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C-25 - Code of Civil Procedure

Section 115
Disposition versions

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115. A minister of the government, a clerk or registrar, a sheriff, the director of youth protection or the Public Curator, summoned in his capacity only, may be designated by his official title, if that designation is sufficient to identify him.
In actions upon bills of exchange or other private writings, negotiable or not, the defendant is sufficiently designated by his name or initials as they appear in the writing.
A defendant whose name is uncertain or unknown is sufficiently designated by a name that identifies him clearly, provided that the motion to institute proceedings is served on him in person.
A legal person must be designated by the name under which it is constituted or by which it identifies itself, with a mention of its head office; if it is a defendant, mention of the head office may be replaced by mention of its principal establishment. The syndicate of co-owners is designated by the name the co-owners as a body have given themselves or by the name by which they are generally known or by the address of the place where the immovable is located.
A general or limited partnership may be designated by the name it declares.
An association within the meaning of the Civil Code may be designated by the name it has adopted or by the name under which it is commonly known.
1965 (1st sess.), c. 80, a. 115; 1982, c. 17, s. 10; 1992, c. 57, s. 215; 1996, c. 5, s. 7; 2002, c. 7, s. 160.
115. A minister of the government, a clerk or registrar, a sheriff, the director of youth protection or the Public Curator, summoned in his capacity only, may be designated by his official title, if that designation is sufficient to identify him.
In actions upon bills of exchange or other private writings, negotiable or not, the defendant is sufficiently designated by his name or initials as they appear in the writing.
A defendant whose name is uncertain or unknown is sufficiently designated by a name that identifies him clearly, provided that the declaration is served on him in person.
A legal person must be designated by the name under which it is constituted or by which it identifies itself, with a mention of its head office; if it is a defendant, mention of the head office may be replaced by mention of its principal establishment. The syndicate of co-owners is designated by the name the co-owners as a body have given themlselves or by the name by which they are generally known or by the address of the place where the immovable is located.
A general or limited partnership may be designated by the name it declares.
An association within the meaning of the Civil Code (Statutes of Québec, 1991, chapter 64) may be designated by the name it has adopted or by the name under which it is commonly known.
1965 (1st sess.), c. 80, a. 115; 1982, c. 17, s. 10; 1992, c. 57, s. 215; 1996, c. 5, s. 7.
115. A minister of the government, a clerk or registrar, a sheriff, the director of youth protection or the Public Curator, summoned in his capacity only, may be designated by his official title, if that designation is sufficient to identify him.
In actions upon bills of exchange or other private writings, negotiable or not, the defendant is sufficiently designated by his surname and given names or initials as they appear in the writing.
A defendant whose name is uncertain or unknown is sufficiently designated by a name that identifies him clearly, provided that the writ is served on him in person.
A legal person must be designated by the name under which it is constituted or by which it identifies itself, with a mention of its head office; if it is a defendant, mention of the head office may be replaced by mention of its principal establishment. The syndicate of co-owners is designated by the name the co-owners as a body have given themlselves or by the name by which they are generally known or by the address of the place where the immovable is located.
A general or limited partnership may be designated by the name it declares.
An association within the meaning of the Civil Code of Québec may be designated by the name it has adopted or by the name under which it is commonly known.
1965 (1st sess.), c. 80, a. 115; 1982, c. 17, s. 10; 1992, c. 57, s. 215.
115. A person authorized to plead on behalf of the Crown may be designated by his official title.
A Minister of the Crown, prothonotary, registrar or sheriff, or the public curator, summoned in his capacity only, may be designated by his official title, if such designation is sufficient to identify him.
In actions upon bills of exchange or other private writings, negotiable or not, the defendant may be designated by his surname and given names or the initials thereof as they appear in the writing.
A defendant whose names are uncertain or unknown may be designated by such name as will clearly identify him, provided that the writ is served upon him in person.
A corporate body is designated by its corporate name with mention of its head office. If it is a defendant, mention of the head office may be replaced by mention of its principal place of business.
A defending commercial partnership may be designated by its firm name; but a judgment rendered against it is then executory only against partnership property.
Any group of persons mentioned in article 60 may be designated under the name which it has adopted or by which it is commonly known, but a judgment rendered against it is then executory only against the property of the group.
1965 (1st sess.), c. 80, a. 115; 1982, c. 17, s. 10.
115. A person authorized to plead on behalf of the Crown may be designated by his official title.
A Minister of the Crown, prothonotary, registrar or sheriff, or the public curator, summoned in his capacity only, may be designated by his official title, if such designation is sufficient to identify him.
A married woman may be designated by the surname of her husband and a widow by that of her deceased husband, adding the words “wife of” or “widow of”, and the names or a sufficient designation of the husband.
A woman whose marriage has been annulled or a divorced woman, so long as she has not remarried, may be designated either by the surname of her former husband with the words “formerly wife of” or “divorced wife of” and the names or a sufficient designation of the husband, or by her maiden name.
In actions upon bills of exchange or other private writings, negotiable or not, the defendant may be designated by his surname and given names or the initials thereof as they appear in the writing.
A defendant whose names are uncertain or unknown may be designated by such name as will clearly identify him, provided that the writ is served upon him in person.
A corporate body is designated by its corporate name with mention of its head office. If it is a defendant, mention of the head office may be replaced by mention of its principal place of business.
A defending commercial partnership may be designated by its firm name; but a judgment rendered against it is then executory only against partnership property.
Any group of persons mentioned in article 60 may be designated under the name which it has adopted or by which it is commonly known, but a judgment rendered against it is then executory only against the property of the group.
1965 (1st sess.), c. 80, a. 115.
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