C-25 - Code of Civil Procedure

Section 75.2 Disposition versions

2009-06-04

75.2. (Repealed).

1993, c. 72, s. 2; 2009, c. 12, s. 3.

1994-01-01

75.2. Where pursuant to article 75.1 the court dismisses a frivolous or clearly unfounded action or proceeding, it may, upon application, declare the action or proceeding excessive or dilatory. In that case, the court may order the unsuccessful party to pay damages in compensation for the prejudice suffered by another party if the amount thereof has been determined.

Where, at the time of the judgment, the amount has not been determined or where it exceeds the monetary jurisdiction of the court, the latter may reserve, for the period of time and on the conditions it determines, the right of the party to apply by motion to the competent court to claim the amount of the damages. The motion forms part of the initial record.

1993, c. 72, s. 2.