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C-25 - Code of Civil Procedure
Section 294.1
Disposition versions
294.1. The court may accept a written statement as testimony, provided the statement is communicated and filed in the record in accordance with the rules contained in this Title concerning the communication and filing of exhibits.
A party may demand that the party having communicated the statement summon the witness to the hearing, but costs in the amount determined by the court may be awarded against that party if, in the opinion of the court, the production of the written statement would have been sufficient.
294.1. The court may accept as statements those that are admissible under the Book on Evidence of the Civil Code, in particular, a medical report, a psychological or psychosocial report or an employer’s report on the state of the salary or other benefits of an employee, in lieu of the testimony of the physician, expert or employer who signed it, provided it has been communicated and filed in the record in accordance with the provisions of Sections I and II of Chapter I.1 of this Title. However, in the case of a motion other than a motion to institute proceedings, a copy of the report must be served on the parties at least 10 days before the date of the hearing, unless the court decides otherwise.
If a party requests the presence of a physician, expert or employer at the hearing, the court may condemn such party to the costs, and shall fix the amount thereof, if of the opinion that the filing of the report would have sufficed.
This article applies, with the necessary modifications:
(a) to the report of a financial institution on the state of the deposits and investments of a person;
(b) to the report of a member of the Sûreté, of a municipal policeman or of a special constable, as defined in the Police Act (chapter P‐13.1);
(c) to the report of the Commission des normes du travail or of any person appointed by it, respecting the application of the labour standards enacted by the Act respecting labour standards (chapter N‐1.1).
294.1. The court may accept as statements those that are admissible under the Book on Evidence of the Civil Code, in particular, a medical report, a psychological or psychosocial report or an employer’s report on the state of the salary or other benefits of an employee, in lieu of the testimony of the physician, expert or employer who signed it, provided it has been communicated and filed in the record in accordance with the provisions of Sections I and II of Chapter I.1 of this Title. However, in the case of a motion other than a motion to institute proceedings, a copy of the report must be served on the parties at least 10 days before the date of the hearing, unless the court decides otherwise.
If a party requests the presence of a physician, expert or employer at the hearing, the court may condemn such party to the costs, and shall fix the amount thereof, if of the opinion that the filing of the report would have sufficed.
This article applies, mutatis mutandis:
(a) to the report of a financial institution on the state of the deposits and investments of a person;
(b) to the report of a member of the Sûreté, of a municipal policeman or of a special constable, as defined in the Police Act (chapter P‐13);
(c) to the report of the Commission des normes du travail or of any person appointed by it, respecting the application of the labour standards enacted by the Act respecting labour standards (chapter N‐1.1).
294.1. The court may accept as statements those that are admissible under the Book on Evidence of the Civil Code of Québec, in particular, a medical report, or an employer’s report on the state of the salary or other benefits of an employee, in lieu of the testimony of the physician or employer who signed it, provided it has been communicated and filed in the record in accordance with the provisions of Sections I and II of Chapter I.1 of this Title. However, in the case of a motion other than a motion to institute proceedings, a copy of the report must be served on the parties at least 10 days before the date of the hearing, unless the court decides otherwise.
If a party requests the presence of a physician or employer at the hearing, the court may condemn such party to the costs, and shall fix the amount thereof, if of the opinion that the filing of the report would have sufficed.
This article applies, mutatis mutandis:
(a) to the report of a financial institution on the state of the deposits and investments of a person;
(b) to the report of a member of the Sûreté, of a municipal policeman or of a special constable, as defined in the Police Act (chapter P-13);
(c) to the report of the Commission des normes du travail or of any person appointed by it, respecting the application of the labour standards enacted by the Act respecting labour standards (chapter N-1.1).
294.1. The court may accept as statements those that are admissible under the Book of the Civil Code of Québec on Evidence, in particular, a medical report, or an employer’s report on the state of the salary or other benefits of an employee, in lieu of the testimony of the physician or employer who signed it, provided, unless the court decides otherwise, that the report has been filed in the office of the court, with notice and copy served upon the parties, within the time and according to the conditions and modalities prescribed by the rules of practice. However, in the case of a motion other than a motion to institute proceedings, the report must be filed in the office of the court, with notice and copy served upon the parties, not less than 10 days before the date of the hearing unless the court decides otherwise.
If a party requests the presence of a physician or employer at the hearing, the court may condemn such party to the costs, and shall fix the amount thereof, if of the opinion that the filing of the report would have sufficed.
This article applies, mutatis mutandis:
(a) to the report of a financial institution on the state of the deposits and investments of a person;
(b) to the report of a member of the Sûreté, of a municipal policeman or of a special constable, as defined in the Police Act (chapter P-13);
(c) to the report of the Commission des normes du travail or of any person appointed by it, respecting the application of the labour standards enacted by the Act respecting labour standards (chapter N-1.1).
294.1. The court may accept a medical report, or an employer’s report on the state of the salary or other benefits of an employee, in lieu of the testimony of the physician or employer who signed it, provided, unless the court decides otherwise, that the report has been filed in the office of the court, with notice and copy served upon the parties, within the time and according to the conditions and modalities prescribed by the rules of practice. However, in the case of a motion other than a motion to institute proceedings, the report must be filed in the office of the court, with notice and copy served upon the parties, not less than 10 days before the date of the hearing unless the court decides otherwise.
If a party requests the presence of a physician or employer at the hearing, the court may condemn such party to the costs, and shall fix the amount thereof, if of the opinion that the filing of the report would have sufficed.
This article applies, mutatismutandis:
(a) to the report of a financial institution on the state of the deposits and investments of a person;
(b) to the report of a member of the Sûreté, of a municipal policeman or of a special constable, as defined in the Police Act (chapter P-13);
(c) to the report of the Commission des normes du travail or of any person appointed by it, respecting the application of the labour standards enacted by the Act respecting labour standards (chapter N-1.1).
294.1. The court may accept a medical report, or an employer’s report on the state of the salary or other benefits of an employee, in lieu of the testimony of the physician or employer who signed it, provided the report has been filed previously in the office of the court, with notice and copy served upon the parties, not less than ten days before the date of the hearing.
If a party requests the presence of a physician or employer at the hearing, the court may condemn such party to the costs, and shall fix the amount thereof, if of the opinion that the filing of the report would have sufficed.
This article applies, mutatismutandis:
(a) to the report of a financial institution on the state of the deposits and investments of a person;
(b) to the report of a member of the Sûreté, of a municipal policeman or of a special constable, as defined in the Police Act (chapter P-13);
(c) to the report of the Commission des normes du travail or of any person appointed by it, respecting the application of the labour standards enacted by the Act respecting labour standards (chapter N-1.1).
294.1. The court may accept a medical report, or an employer’s report on the state of the salary or other benefits of an employee, in lieu of the testimony of the physician or employer who signed it, provided the report has been filed previously in the office of the court, with notice and copy served upon the parties, not less than ten days before the date of the hearing.
If a party requests the presence of a physician or employer at the hearing, the court may condemn such party to the costs, and shall fix the amount thereof, if of the opinion that the filing of the report would have sufficed.
This section applies, mutatis mutandis, to the report of a financial institution on the state of the deposits and investments of a person, and to the report of a member of the Sûreté, of a municipal policeman or of a special constable, as defined in the Police Act (chapter P-13).
