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T-15.01 - Act respecting the Administrative Housing Tribunal
Section 64
Disposition versions
64. A member may be recused
(1) if the member is the spouse of or related or allied within the degree of cousin-german inclusively to one of the parties;
(2) if the member is himself or herself a party to an application involving a question similar to the one in dispute;
(3) if the member has given advice upon the matter in dispute, or has previously taken cognizance of it as an arbitrator or as a conciliator;
(4) if the member has acted as a mandatary for one of the parties, or the member has made known his or her opinion extra-judicially;
(5) if the member has provided professional services to one of the parties;
(6) if the member is directly interested in an action pending before a court in which any of the parties will be called to sit as judge;
(7) if there is mortal enmity between him or her and any of the parties, or if the member has made threats against any of the parties, since the institution of the action or within six months previous to the proposed recusation;
(8) if the member is the successor or donee of any of the parties;
(8.1) if the commissioner is the tutor, mandatary or temporary representative of an incapable person of full age who is one of the parties;
(9) if the member is a member of a group or legal person, or is manager or patron of some order or community which is a party to the dispute;
(10) if the member has any interest in favouring any of the parties;
(11) if the member is the spouse of or is related or allied to the advocate, representative or counsel or to the partner of any of them, either in the direct line, or in the collateral line in the second degree.
64. A member may be recused
(1) if the member is the spouse of or related or allied within the degree of cousin-german inclusively to one of the parties;
(2) if the member is himself or herself a party to an application involving a question similar to the one in dispute;
(3) if the member has given advice upon the matter in dispute, or has previously taken cognizance of it as an arbitrator or as a conciliator;
(4) if the member has acted as a mandatary for one of the parties, or the member has made known his or her opinion extra-judicially;
(5) if the member has provided professional services to one of the parties;
(6) if the member is directly interested in an action pending before a court in which any of the parties will be called to sit as judge;
(7) if there is mortal enmity between him or her and any of the parties, or if the member has made threats against any of the parties, since the institution of the action or within six months previous to the proposed recusation;
(8) if the member is the tutor, curator or adviser, successor or donee of any of the parties;
(9) if the member is a member of a group or legal person, or is manager or patron of some order or community which is a party to the dispute;
(10) if the member has any interest in favouring any of the parties;
(11) if the member is the spouse of or is related or allied to the advocate, representative or counsel or to the partner of any of them, either in the direct line, or in the collateral line in the second degree.
64. A commissioner may be recused
(1) if the commissioner is the spouse of or related or allied within the degree of cousin-german inclusively to one of the parties;
(2) if the commissioner is himself or herself a party to an application involving a question similar to the one in dispute;
(3) if the commissioner has given advice upon the matter in dispute, or has previously taken cognizance of it as an arbitrator or as a conciliator;
(4) if the commissioner has acted as a mandatary for one of the parties, or the commissioner has made known his or her opinion extra-judicially;
(5) if the commissioner has provided professional services to one of the parties;
(6) if the commissioner is directly interested in an action pending before a court in which any of the parties will be called to sit as judge;
(7) if there is mortal enmity between him or her and any of the parties, or if the commissioner has made threats against any of the parties, since the institution of the action or within six months previous to the proposed recusation;
(8) if the commissioner is the tutor, curator or adviser, successor or donee of any of the parties;
(9) if the commissioner is a member of a group or legal person, or is manager or patron of some order or community which is a party to the dispute;
(10) if the commissioner has any interest in favouring any of the parties;
(11) if the commissioner is the spouse of or is related or allied to the advocate, representative or counsel or to the partner of any of them, either in the direct line, or in the collateral line in the second degree.
64. A commissioner may be recused
(1) if he is related or allied to one of the parties within the degree of cousin-german inclusively;
(2) if he is himself a party to an application involving a question similar to the one in dispute;
(3) if he has given advice upon the matter in dispute, or has previously taken cognizance of it as an arbitrator or as a conciliator;
(4) if he has acted as a mandatary for one of the parties, or he has made known his opinion extra-judicially;
(5) if he has provided professional services to one of the parties;
(6) if he is directly interested in an action pending before a court in which any of the parties will be called to sit as judge;
(7) if there is mortal enmity between him and any of the parties, or if he has made threats against any of the parties, since the institution of the action or within six months previous to the proposed recusation;
(8) if he is the tutor, curator or adviser, successor or donee of any of the parties;
(9) if he is a member of a group or legal person, or is manager or patron of some order or community which is a party to the dispute;
(10) if he has any interest in favouring any of the parties;
(11) if he is related or allied to the advocate, representative or counsel or to the partner of any of them, either in the direct line, or in the collateral line in the second degree.
64. A commissioner may be recused
(1) if he is related or allied to one of the parties within the degree of cousin-german inclusively;
(2) if he is himself a party to an application involving a question similar to the one in dispute;
(3) if he has given advice upon the matter in dispute, or has previously taken cognizance of it as an arbitrator or as a conciliator;
(4) if he has acted as a mandatary for one of the parties, or he has made known his opinion extra-judicially;
(5) if he has provided professional services to one of the parties;
(6) if he is directly interested in an action pending before a court in which any of the parties will be called to sit as judge;
(7) if there is mortal enmity between him and any of the parties, or if he has made threats against any of the parties, since the institution of the action or within six months previous to the proposed recusation;
(8) if he is the tutor, curator or adviser, successor or donee of any of the parties;
(9) if he is a member of a group or corporation, or is manager or patron of some order or community which is a party to the dispute;
(10) if he has any interest in favouring any of the parties;
(11) if he is related or allied to the advocate, representative or counsel or to the partner of any of them, either in the direct line, or in the collateral line in the second degree.
64. A commissioner may be recused
(1) if he is related or allied to one of the parties within the degree of cousin-german inclusively;
(2) if he is himself a party to an application involving a question similar to the one in dispute;
(3) if he has given advice upon the matter in dispute, or has previously taken cognizance of it as an arbitrator or as a conciliator;
(4) if he has acted as a mandatary for one of the parties, or he has made known his opinion extra-judicially;
(5) if he has provided professional services to one of the parties;
(6) if he is directly interested in an action pending before a court in which any of the parties will be called to sit as judge;
(7) if there is mortal enmity between him and any of the parties, or if he has made threats against any of the parties, since the institution of the action or within six months previous to the proposed recusation;
(8) if he is tutor, subrogate-tutor or curator, presumptive heir or donee of any of the parties;
(9) if he is a member of a group or corporation, or is manager or patron of some order or community which is a party to the dispute;
(10) if he has any interest in favouring any of the parties;
(11) if he is related or allied to the advocate, representative or counsel or to the partner of any of them, either in the direct line, or in the collateral line in the second degree.
