C-25 - Code of Civil Procedure

Section 175.2 Disposition versions

2003-01-01

175.2. The defence is presented orally if the subject matter of the action or application is

(1)  any of the following matters concerning natural persons:

(a)  physical integrity;

(b)  reputation and privacy, including suits for slander;

(c)  respect for the body after death;

(2)  any of the following matters concerning legal persons:

(a)  retroactive conferral of juridical personality;

(b)  the designation of a liquidator;

(c)  a disqualification from serving as a director or the lifting of such a disqualification;

(d)  an authorization to be obtained under article 341 of the Civil Code;

(3)  any of the following family, successions or property law matters:

(a)  any family matter except separation as to property, separation from bed and board, annulment of marriage, divorce, the determination of filiation and the surviving spouse’s compensatory allowance;

(b)  changes to a trust or to the property of a trust, termination of a trust, revocation or modification of a legacy or of a charge imposed on a donee;

(c)  building against a common wall;

(d)  the protection of the rights of a substitute;

(e)  the determination of boundaries;

(f)  divided co-ownership of an immovable;

(g)  partition of a succession or partition or administration of property held in indivision;

(4)  any of the following matters relating to obligations:

(a)  a claim relating to the sale price of movable property that has been delivered or the price of a contract for services that have been provided, a leasing contract or a contract of carriage, a claim relating to a contract of employment, of deposit or of loan of money or a claim relating to the remuneration of a mandatary, a surety or an office holder;

(b)  the price of a contract of enterprise, other than a contract pertaining to an immovable work, if the value of the subject matter of the dispute exceeds the jurisdictional limit of the Court of Québec;

(c)  rights and obligations under a lease;

(d)  the determination of the term of an obligation, the contestation of the distribution statement for the sale of an enterprise, the sufficiency of the surety’s property or of the security offered in a suretyship matter;

(e)  the determination of the seizable portion of an annuity under article 2378 of the Civil Code;

(f)  the awarding of additional damages for bodily injury;

(g)  a bill of exchange, cheque, promissory note or acknowledgement of debt;

(5)  any of the following matters relating to prior claims, hypothecs or the publication of rights:

(a)  any matter governed by Book Six of the Civil Code, including the exercise of hypothecary rights, and any matter relating to hypothecated property where the owner’s identity is unknown or uncertain;

(b)  registration or the correction, reduction or cancellation of a registration in the land register or the register of personal and movable real rights;

(6)  in private international law, the recognition and execution of a foreign judgment or of an arbitration award made outside Québec;

(7)  any of the following procedural matters:

(a)  an application for a determination on a question of law;

(b)  an application for a declaratory judgment;

(c)  the exercise of an extraordinary recourse; or

(8)  any of the following other matters:

(a)  a tax, contribution or assessment imposed by or under any provision of a statute of Québec;

(b)  any other matter covered by legislation other than the Civil Code for which the law does not impose a defence in writing.

2002, c. 7, s. 26.