C-25 - Code of Civil Procedure

Section 210 Disposition versions

2003-01-01

210. A third party who intends to intervene in a proceeding for conservatory or aggressive purposes must notify a declaration to all the parties, specifying the party’s interest in the case and the conclusions sought and stating the facts justifying such conclusions, and file a copy of the declaration at the office of the court; in addition, the third party’s declaration must propose an intervention procedure which must be consistent with any agreements between the parties and with the timetable agreed between them or determined by the court.

The parties have 10 days to express their opposition in writing, notify it to the parties and file a copy at the office of the court. If no opposition is filed, the third party’s interest is presumed sufficient and the intervention procedure accepted. If an opposition is filed, the third party shall apply to the court for a determination; if it authorizes the intervention, the court determines the intervention procedure.

An intervening party becomes a party to the proceeding.

1965 (1st sess.), c. 80, a. 210; 2002, c. 7, s. 37.

1977-12-31

210. Aggressive intervention constitutes a separate suit, even when it is joined to the original action.

Conservatory intervention is only an accessory to the original action; the intervenant must accept the action in the condition in which he finds it; it is otherwise only in the case where the purpose of the intervention is to render capable an incapable party, and in such case the intervenant may ratify or not ratify the acts already done.

1965 (1st sess.), c. 80, a. 210.