C-25 - Code of Civil Procedure

Section 119 Disposition versions

2003-01-01

119. The motion to institute proceedings must be accompanied by a notice to the defendant to appear within the time limit indicated in order to file an answer to the action or application. The time limit is 10 days from service of the notice, except where otherwise prescribed by this Code.

In addition, the notice to the defendant must state

(1)  that the defendant is required to appear within the time limit indicated, failing which a judgment by default may be rendered against the defendant without further notice or extension;

(2)  that if the defendant appears, the action or application will be presented before the court on the date indicated unless a written agreement is made by the parties before that date to determine a timetable for the orderly progress of the proceeding;

(3)  that on the date indicated for presentation, the court may exercise such powers as are necessary to ensure the orderly progress of the proceeding;

(4)  that the exhibits in support of the motion are available on request; and

(5)  that the defendant may make a request to the clerk for the action to be disposed of pursuant to the rules of Book VIII if the defendant would be admissible as a plaintiff under that Book and the action would be admissible under that Book, and that if the defendant does not make such a request, the defendant could be liable for costs according to the rules applicable under the other Books of this Code.

The exhibits in support of the motion to institute proceedings must be disclosed in the notice to the defendant.

The notice must reproduce the text determined by the Minister of Justice.

1965 (1st sess.), c. 80, a. 119; 1996, c. 5, s. 9; 1999, c. 46, s. 2; 2002, c. 7, s. 16.

2000-02-01

119. The declaration must be accompanied with a notice to the defendant to appear within the time indicated to answer to the demand. The time limit is 10 days except where otherwise provided in this Code.

The notice must be set out in easily legible type, and contain the text appearing in Schedule I. In the case of a claim not exceeding $ 3,000, the notice must also contain the text appearing in Schedule 4.

1965 (1st sess.), c. 80, a. 119; 1996, c. 5, s. 9; 1999, c. 46, s. 2.

1997-01-01

119. The declaration must be accompanied with a notice to the defendant to appear within the time indicated to answer to the demand. The time limit is 10 days except where otherwise provided in this Code.

The notice must be set out in easily legible type, and contain the text appearing in Schedule I.

1965 (1st sess.), c. 80, a. 119; 1996, c. 5, s. 9.

1977-12-31

119. The writ orders the defendant upon whom it has been served to appear within the delay mentioned to answer to the demand. The delay is 10 days except where otherwise provided in this Code.

1965 (1st sess.), c. 80, a. 119.