C-12 - Charter of human rights and freedoms

Section 130 Disposition versions

2016-01-01

130. A decision of the Tribunal condemning a person to pay a sum of money becomes executory as a judgment of the Court of Québec or the Superior Court, according to their respective jurisdictions, and has all the effects thereof from the date of its filing at the office of the Court of Québec or of its homologation in Superior Court.

Homologation of the decision is obtained by the filing by the clerk of the Court of Québec of the district where the decision of the Tribunal was filed of a certified copy of the decision at the office of the clerk of the Superior Court of the district where the condemned person has his domicile or, failing that, his residence or principal business establishment.

A final decision of the Tribunal other than a decision described in the first paragraph is executory upon the expiry of the time for appeal, in accordance with the terms and conditions set out in the decision, unless the Tribunal orders provisional execution of the decision upon its notification or at any specified later date.

Any other decision of the Tribunal is executory upon its notification and notwithstanding appeal, unless the appeal tribunal orders otherwise.

1989, c. 51, s. 16; 1999, c. 40, s. 46; I.N. 2016-01-01 (NCCP).

1999-10-22

130. A decision of the Tribunal condemning a person to pay a sum of money becomes executory as a judgment of the Court of Québec or the Superior Court, according to their respective jurisdictions, and has all the effects thereof from the date of its filing at the office of the Court of Québec or of its homologation in Superior Court.

Homologation of the decision is obtained by the filing by the clerk of the Court of Québec of the district where the decision of the Tribunal was filed of a certified copy of the decision at the office of the clerk of the Superior Court of the district where the condemned person has his domicile or, failing that, his residence or principal business establishment.

A final decision of the Tribunal other than a decision described in the first paragraph is executory upon the expiry of the time for appeal, in accordance with the terms and conditions set out in the decision, unless the Tribunal orders provisional execution of the decision upon its service or at any specified later date.

Any other decision of the Tribunal is executory upon its service and notwithstanding appeal, unless the appeal tribunal orders otherwise.

1989, c. 51, s. 16; 1999, c. 40, s. 46.

1990-12-10

130. A decision of the Tribunal condemning a person to pay a sum of money becomes executory as a judgment of the Court of Québec or the Superior Court, according to their respective jurisdictions, and has all the effects thereof from the date of its filing at the office of the Court of Québec or of its homologation in Superior Court.

Homologation of the decision is obtained by the filing by the clerk of the Court of Québec of the district where the decision of the Tribunal was filed of a certified copy of the decision at the office of the prothonotary of the Superior Court of the district where the condemned person has his domicile or, failing that, his residence or principal place of business.

A final decision of the Tribunal other than a decision described in the first paragraph is executory upon the expiry of the time for appeal, in accordance with the terms and conditions set out in the decision, unless the Tribunal orders provisional execution of the decision upon its service or at any specified later date.

Any other decision of the Tribunal is executory upon its service and notwithstanding appeal, unless the appeal tribunal orders otherwise.

1989, c. 51, s. 16.