C-25 - Code of Civil Procedure

Section 505 Disposition versions

1995-03-16

505. Where the respondent does not file his factum within the time prescribed by article 504.1, he is foreclosed from filing it unless an application for an extension is served and filed at the office of the court by him before the expiry of the prescribed time. The extension may be granted, on a motion, by a judge of the Court of Appeal for a period which, barring exceptional circumstances owing to the nature of the case, may not exceed 30 days.

Where the respondent fails to file his factum within the allotted time, the Court may refuse to hear him. If the respondent makes an incidental appeal but does not act within the time allotted for the filing of his factum, the incidental appeal is deemed abandoned.

1965 (1st sess.), c. 80, a. 505; 1975, c. 83, s. 28; 1979, c. 37, s. 23; 1982, c. 32, s. 43; 1993, c. 30, s. 14; 1995, c. 2, s. 7.

1994-01-01

505. Where the respondent does not file his factum within the time fixed, a judge of the Court of Appeal may, on a motion, grant him additional time in which to file the factum, and may make any appropriate order.

Where the respondent fails to file his factum within the time fixed, the court may refuse to hear him.

1965 (1st sess.), c. 80, a. 505; 1975, c. 83, s. 28; 1979, c. 37, s. 23; 1982, c. 32, s. 43; 1993, c. 30, s. 14.

1982-09-01

505. If the appellant does not file his factum within the delay fixed, a judge of the Court of Appeal may, on motion, dismiss the appeal or make the appropriate orders; if it is the respondent who is in default, the court may refuse to hear him.

1965 (1st sess.), c. 80, a. 505; 1975, c. 83, s. 28; 1979, c. 37, s. 23; 1982, c. 32, s. 43.

1979-09-01

505. If the statement, the comments or the joint record are not filed within the delay provided, a judge of the Court of Appeal may, on motion, make such orders as are required and even refuse to hear a party or declare the appeal abandoned.

1965 (1st sess.), c. 80, a. 505; 1975, c. 83, s. 28; 1979, c. 37, s. 23.

1977-12-31

505. If the joint record is not filed within the delay provided in article 503, a judge of the Court of Appeal may, on motion, make such orders as are required and even declare the appeal abandoned.

1965 (1st sess.), c. 80, a. 505; 1975, c. 83, s. 28.