C-25 - Code of Civil Procedure

Section 846 Disposition versions

1977-12-31

846. The Superior Court may, at the demand of one of the parties, evoke before judgment a case pending before a court subject to its superintending and reforming power, or revise a judgment already rendered by such court, in the following cases:

(1)  when there is want or excess of jurisdiction;

(2)  when the enactment upon which the proceedings have been based or the judgment rendered is null or of no effect;

(3)  when the proceedings are affected by some gross irregularity, and there is reason to believe that justice has not been, or will not be done;

(4)  when there has been a violation of the law or an abuse of authority amounting to fraud and of such a nature as to cause a flagrant injustice.

However, in the cases provided in paragraphs 2, 3 and 4 above, the remedy lies only if, in the particular case, the judgments of the court seized with the proceeding are not susceptible of appeal.

1965 (1st sess.), c. 80, a. 846.