C-25 - Code of Civil Procedure

Section 54.3 Disposition versions

2009-06-04

54.3. If the court notes an improper use of procedure, it may dismiss the action or other pleading, strike out a submission or require that it be amended, terminate or refuse to allow an examination, or annul a writ of summons served on a witness.

In such a case or where there appears to have been an improper use of procedure, the court may, if it considers it appropriate,

(1)  subject the furtherance of the action or the pleading to certain conditions;

(2)  require undertakings from the party concerned with regard to the orderly conduct of the proceeding;

(3)  suspend the proceeding for the period it determines;

(4)  recommend to the chief judge or chief justice that special case management be ordered; or

(5)  order the initiator of the action or pleading to pay to the other party, under pain of dismissal of the action or pleading, a provision for the costs of the proceeding, if justified by the circumstances and if the court notes that without such assistance the party’s financial situation would prevent it from effectively arguing its case.

2009, c. 12, s. 2.