C-25 - Code of Civil Procedure

Section 152 Disposition versions

2003-01-01

152. If article 65 applies to the plaintiff, the defendant may request, at the time of presentation of the motion to institute proceedings, that the plaintiff be required to give security, within the time determined by the court, for the costs that may be incurred in consequence of the action, on pain of dismissal of the action. The court determines the amount of the security on the basis of such factors as the nature and importance of the case and the costs associated with incidental proceedings, experts’ appraisals, the examination of witnesses out of court, the type of hearing and the length of the trial. Other factors to be considered are the value of the property held in Québec by, and the ability to pay of, the plaintiff or the mandator, if not a resident of Québec.

At the request of a party during the proceeding, the court may increase or reduce the amount of security if warranted by the development of the case or a change in the situation of the plaintiff.

1965 (1st sess.), c. 80, a. 152; 1992, c. 57, s. 420; 1999, c. 40, s. 56; 2002, c. 7, s. 20.

1999-10-22

152. The defendant may, within five days of appearance, apply to the judge in chambers, or, in his absence, to the clerk, for an order that the time for contesting the action shall not commence to run until security has been given as required by article 65, and he has been notified that it has been given. If the application is dismissed, the time for contesting the action runs from the judgment dismissing it.

1965 (1st sess.), c. 80, a. 152; 1992, c. 57, s. 420; 1999, c. 40, s. 56.

1994-01-01

152. The defendant may, within five days of appearance, apply to the judge in chambers, or, in his absence, to the clerk, for an order that the delay for contesting the action shall not commence to run until security has been given as required by article 65, and he has been notified that it has been given. If the application is dismissed, the delay for contesting the action runs from the judgment dismissing it.

1965 (1st sess.), c. 80, a. 152; 1992, c. 57, s. 420.

1977-12-31

152. The defendant may, within five days of appearance, apply to the judge in chambers, or, in his absence, to the prothonotary, for an order that the delay for contesting the action shall not commence to run until security has been given as required by article 65, and he has been notified that it has been given. If the application is dismissed, the delay for contesting the action runs from the judgment dismissing it.

1965 (1st sess.), c. 80, a. 152.