C-12 - Charter of human rights and freedoms

Section 115 Disposition versions

2023-09-01

115. Within 45 days of the service of an originating application, the defendant may file a defence that includes the content prescribed by the tribunal regulations and must, where applicable, notify it to all the parties. Within that same period, parties other than the plaintiff and the defendant may file their views in writing and must, where applicable, notify them to all the parties.

The 45-day period shall not be extended unless the interests of justice so require.

1989, c. 51, s. 16; I.N. 2016-01-01 (NCCP); 2023, c. 3, s. 22.

2016-01-01

115. Within 15 days of the filing of an application other than an application referred to in the second paragraph of section 104, the plaintiff shall file a factum setting out his pretensions, which the Tribunal shall notify to every interested person or organization. Within 30 days of the notification, every interested person or organization wishing to do so may file a factum of his or its own, which the Tribunal shall notify to the plaintiff.

Failure to comply with this section on the part of the plaintiff may entail the dismissal of the application.

1989, c. 51, s. 16; I.N. 2016-01-01 (NCCP).

1990-12-10

115. Within 15 days of the filing of an application other than an application referred to in the second paragraph of section 104, the plaintiff shall file a factum setting out his pretensions, which the Tribunal shall serve on every interested person or organization. Within 30 days of the service, every interested person or organization wishing to do so may file a factum of his or its own, which the Tribunal shall serve on the plaintiff.

Failure to comply with this section on the part of the plaintiff may entail the dismissal of the application.

1989, c. 51, s. 16.