C-25 - Code of Civil Procedure

Section 460 Disposition versions

1994-01-01

460. If acquiescence is not unconditional in the whole of the demand, the plaintiff must, within 15 days after the service of the acquiescence upon him, give notice to the defendant of his acceptance or refusal.

In case of acceptance, the clerk, upon inscription, renders judgment in conformity with the acquiescence.

In case of refusal, the case is proceeded with in the ordinary manner. However, the plaintiff, without waiting for the result of the trial, may obtain judgment for the amount mentioned in the acquiescence; the action is then proceeded with only for the balance. In all cases, if the court decides that the refusal was unjustified, it cannot award the plaintiff more costs than in case of acceptance.

A plaintiff who has not given notice either of acceptance or of refusal is deemed to have accepted; however, the court may relieve him of the consequences of his default, so long as judgment has not been rendered on the acquiescence.

1965 (1st sess.), c. 80, a. 460; 1982, c. 17, s. 22; 1992, c. 57, s. 420.

1982-12-01

460. If acquiescence is not unconditional in the whole of the demand, the plaintiff must, within fifteen days after the service of the acquiescence upon him, give notice to the defendant of his acceptance or refusal.

In case of acceptance, the prothonotary, upon inscription, renders judgment in conformity with the acquiescence.

In case of refusal, the case is proceeded with in the ordinary manner. However, the plaintiff, without waiting for the result of the trial, may obtain judgment for the amount mentioned in the acquiescence; the action is then proceeded with only for the balance. In all cases, if the court decides that the refusal was unjustified, it cannot award the plaintiff more costs than in case of acceptance.

A plaintiff who has not given notice either of acceptance or of refusal is deemed to have accepted; however, the court may relieve him of the consequences of his default, so long as judgment has not been rendered on the acquiescence.

1965 (1st sess.), c. 80, a. 460; 1982, c. 17, s. 22.

1977-12-31

460. If the confession is not for the whole of the demand and unconditional, the plaintiff must, within fifteen days after the service thereof upon him, give notice to the defendant of his acceptance or refusal.

In case of acceptance the prothonotary, upon inscription, renders judgment in conformity with the confession.

In case of refusal, the case is proceeded with in the ordinary manner; and if the court decides that the refusal was unjustified, it cannot award the plaintiff more costs than if the confession had been accepted. Notwithstanding such refusal, the plaintiff, without waiting for the result of the trial, may obtain judgment for the amount mentioned in the confession; the action is then proceeded with only for the balance.

A plaintiff who has not given the notice prescribed by the first paragraph of this article is deemed to have accepted; however, the court may relieve him of the consequences of his default, so long as judgment has not been rendered on the confession.

1965 (1st sess.), c. 80, a. 460.