C-25 - Code of Civil Procedure

Section 41 Disposition versions

1994-01-01

41. The clerk has the competence of a judge in chambers:

(1)  in cases where the law expressly so declares;

(2)  when the judge is absent or unable to act and delay might result in the loss of a right or cause serious harm.

In matters within his jurisdiction, the clerk has the same powers as the judge.

1965 (1st sess.), c. 80, a. 41; 1992, c. 57, s. 186, s. 420.

1977-12-31

41. The prothonotary has the powers of a judge in chambers:

(1)  in cases where the law expressly so declares;

(2)  when the judge is absent or unable to act and delay might result in the loss of a right or cause serious harm.

1965 (1st sess.), c. 80, a. 41.