C-25 - Code of Civil Procedure

Section 863 Disposition versions

1994-01-01

863. Failing an express provision to the contrary, applications are presented to the judge or to the clerk.

The decisions of the clerk may be reviewed by the judge on an application served within 10 days. In cases excluded from the competence of the clerk, applications are presented to the judge.

However, an application that is contested is presented to the court. In urgent cases, the judge or the clerk may shorten the time limits prescribed in this Book.

1965 (1st sess.), c. 80, a. 863; 1992, c. 57, s. 395.

1977-12-31

863. Failing an express provision to the contrary, the prothonotary may exercise in respect of such proceedings all the powers conferred upon the judge, but his decisions may be revised by the judge, upon application made within ten days. However, if the application is contested, it is referred to the court and the contestation is subject to the rules provided for ordinary matters.

1965 (1st sess.), c. 80, a. 863.