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C-26 - Professional Code
Section 151
Disposition versions
151. The disciplinary council may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates.
However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the disciplinary council may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was excessive, frivolous or clearly unfounded.
The chair of a disciplinary council that dismisses a complaint under section 143.1 may condemn the complainant to pay the costs.
The costs are those related to the processing of the complaint. They include, in particular, service costs, registration fees, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice (chapter C-25.01, r. 0.5). If the respondent is found guilty, the costs also include the travel and lodging expenses of the council members appointed by the board of directors of the order.
The council may condemn the respondent who has been found guilty to pay a portion of the expenses incurred by the order to conduct an inquiry if the respondent acted in an excessive or unreasonable manner during the inquiry and therefore contrary to the requirements of good faith. The expenses incurred by the order to conduct an inquiry include, in particular, a syndic’s salary as well as the expenses of an investigator or expert whose services have been retained by a syndic.
Where a condemnation to costs or to the expenses incurred by the order to conduct an inquiry becomes enforceable, the secretary of the disciplinary council shall draw up a list of costs or of the expenses incurred by the order to conduct an inquiry and shall have the list served in accordance with the Code of Civil Procedure (chapter C-25.01). The list may be revised by the senior chair or the deputy senior chair on a motion filed within 30 days of the date of service. At least five days’ notice in writing of the filing must be given to the parties. A motion for revision does not prevent or suspend the execution of the decision. The decision concerning the revision of the list is not subject to appeal.
151. The disciplinary council may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates.
However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the disciplinary council may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was excessive, frivolous or clearly unfounded.
The chair of a disciplinary council that dismisses a complaint under section 143.1 may condemn the complainant to pay the costs.
The costs are those related to the processing of the complaint. They include, in particular, service costs, registration fees, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice (chapter C-25.01, r. 0.5). If the respondent is found guilty, the costs also include the travel and lodging expenses of the council members appointed by the board of directors of the order.
Where a condemnation to costs becomes enforceable, the secretary of the disciplinary council shall draw up a list of costs and shall have the list served in accordance with the Code of Civil Procedure (chapter C-25.01). The list may be revised by the senior chair or the deputy senior chair on a motion filed within 30 days of the date of service. At least five days’ notice in writing of the filing must be given to the parties. A motion for revision does not prevent or suspend the execution of the decision. The decision concerning the revision of the list is not subject to appeal.
151. The disciplinary council may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates.
However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the disciplinary council may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was excessive, frivolous or clearly unfounded.
The chair of a disciplinary council that dismisses a complaint under section 143.1 may condemn the complainant to pay the costs.
The costs are those related to the processing of the complaint. They include, in particular, service costs, registration fees, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice (chapter C-25.01, r. 0.5). If the respondent is found guilty, the costs also include the travel and lodging expenses of the council members appointed by the board of directors of the order.
Where a condemnation to costs becomes enforceable, the secretary of the disciplinary council shall draw up a list of costs and shall have the list served in accordance with the Code of Civil Procedure (chapter C-25). The list may be revised by the senior chair or the deputy senior chair on a motion filed within 30 days of the date of service. At least five days’ notice in writing of the filing must be given to the parties. A motion for revision does not prevent or suspend the execution of the decision. The decision concerning the revision of the list is not subject to appeal.
151. The disciplinary council may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates.
However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the disciplinary council may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was excessive, frivolous or clearly unfounded.
The chair or substitute chair of a disciplinary council that dismisses a complaint under section 143.1 may condemn the complainant to pay the costs.
The costs are those related to the processing of the complaint. They include, in particular, service costs, registration fees, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities and allowances payable to witnesses summoned before courts of justice (chapter C-25, r. 7). If the respondent is found guilty, the costs also include the travel and lodging expenses of the council members referred to in section 138.
Where a condemnation to costs becomes enforceable, the secretary of the disciplinary council shall draw up a list of costs and shall have the list served in accordance with the Code of Civil Procedure (chapter C-25). The list may be revised by the chair of the disciplinary council on a motion filed within 30 days of the date of service. At least five days’ notice in writing of the filing must be given to the parties. A motion for revision does not prevent or suspend the execution of the decision. The decision of the chair of the disciplinary council concerning the revision of the list is final.
151. The disciplinary council may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates.
However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the disciplinary council may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was excessive, frivolous or clearly unfounded.
The chair or substitute chair of a disciplinary council that dismisses a complaint under section 143.1 may condemn the complainant to pay the costs.
The costs are those related to the processing of the complaint. They include, in particular, service costs, registration fees, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities payable to witnesses summoned before courts of justice (R.R.Q., 1981, c. C-25, r.2). If the respondent is found guilty, the costs also include the travel and lodging expenses of the council members referred to in section 138.
Where a condemnation to costs becomes enforceable, the secretary of the disciplinary council shall draw up a list of costs and shall have the list served in accordance with the Code of Civil Procedure (chapter C-25). The list may be revised by the chair of the disciplinary council on a motion filed within 30 days of the date of service. At least five days’ notice in writing of the filing must be given to the parties. A motion for revision does not prevent or suspend the execution of the decision. The decision of the chair of the disciplinary council concerning the revision of the list is final.
151. The disciplinary council may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates.
However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the disciplinary council may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was excessive, frivolous or clearly unfounded.
The chair of a disciplinary council that dismisses a complaint under section 143.1 may condemn the complainant to pay the costs.
The costs are those related to the processing of the complaint. They include, in particular, service costs, registration fees, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities payable to witnesses summoned before courts of justice (R.R.Q., 1981, c. C-25, r.2). If the respondent is found guilty, the costs also include the travel and lodging expenses of the council members referred to in section 138.
Where a condemnation to costs becomes enforceable, the secretary of the disciplinary council shall draw up a list of costs and shall have the list served in accordance with the Code of Civil Procedure (chapter C‐25). The list may be revised by the chair of the disciplinary council on a motion filed within 30 days of the date of service. At least five days’ notice in writing of the filing must be given to the parties. A motion for revision does not prevent or suspend the execution of the decision. The decision of the chair of the disciplinary council concerning the revision of the list is final.
151. The committee may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates.
However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the committee may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was excessive, frivolous or clearly unfounded.
The chairman of a committee that dismisses a complaint under section 143.1 may condemn the complainant to pay the costs.
The costs are those related to the processing of the complaint. They include, in particular, service costs, registration fees, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities payable to witnesses summoned before courts of justice (R.R.Q., 1981, c. C-25, r.2). If the respondent is found guilty, the costs also include the travel and lodging expenses of the committee members referred to in section 138.
Where a condemnation to costs becomes executory, the secretary of the committee on discipline shall draw up a list of costs and shall have the list served in accordance with the Code of Civil Procedure (chapter C‐25). The list may be revised by the chairman of the committee on discipline on a motion filed within 30 days of the date of service. At least five days’ notice in writing of the filing must be given to the parties. A motion for revision does not prevent or suspend the execution of the decision. The decision of the chairman of the committee on discipline concerning the revision of the list is final.
151. The committee may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates.
However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the committee may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was clearly unfounded.
The costs are those related to the processing of the complaint. They include, in particular, service costs, registration fees, the cost of expert opinion admitted in evidence as well as the indemnities payable to summoned witnesses, computed in accordance with the tariff established in the Regulation respecting indemnities payable to witnesses summoned before courts of justice (R.R.Q., 1981, c. C-25, r.2). If the respondent is found guilty, the costs also include the travel and lodging expenses of the committee members referred to in section 138.
Where a condemnation to costs becomes executory, the secretary of the committee on discipline shall draw up a list of costs and shall have the list served in accordance with the Code of Civil Procedure (chapter C‐25). The list may be revised by the chairman of the committee on discipline on a motion filed within 30 days of the date of service. At least five days’ notice in writing of the filing must be given to the parties. A motion for revision does not prevent or suspend the execution of the decision. The decision of the chairman of the committee on discipline concerning the revision of the list is final.
151. The committee may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates.
However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the committee may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was clearly unfounded.
The costs include registration fees, expert’s fees and, where the professional is found guilty, the travel and lodging expenses of the members of the committee.
151. The committee may condemn the complainant or the respondent to pay the costs, or it may apportion the costs between them in the proportions it indicates.
However, where the complainant is a person who has lodged a complaint under the second paragraph of section 128, the committee may condemn him to pay the costs only if the respondent is acquitted of every charge contained in the complaint and the complaint was clearly unfounded.
The costs include registration fees, expert’s fees and, where the professional is found guilty, the travel and lodging expenses of the members of the committee.
The travel and lodging expenses of the members of the committee shall be determined by the Government.
151. The committee shall have the power to condemn the complainant or the respondent to pay the costs, including the cost of recording, or to apportion the costs between them.
