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C-19 - Cities and Towns Act

Section 408
Disposition versions

Full text
408. (1)  Notwithstanding article 31 of the Code of Civil Procedure (chapter C-25.01), there shall be no appeal from judgments rendered in the course of a proceeding in an action to quash a by-law under sections 397 to 407. The party may, however, take exception to such judgments and they may be revised at the same time as the final judgment if an appeal is brought from the latter.
(2)  An appeal shall lie to the Court of Appeal from the final judgment rendered in any matter mentioned in sections 352 and 397.
The appeal must be brought within 30 days after the date of the judgment.
It has precedence over any other appeal at the first session of the court after the inscription.
The plaintiff shall notify the judgment granting his action to the municipality by a certified copy of it with the clerk.
R. S. 1964, c. 193, s. 422; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1974, c. 11, s. 2; 1987, c. 57, s. 715; 1988, c. 21, s. 66; 1996, c. 2, s. 149; I.N. 2016-01-01 (NCCP).
408. (1)  Notwithstanding article 29 of the Code of Civil Procedure (chapter C-25), there shall be no appeal from interlocutory judgments rendered in an action to quash a by-law under sections 397 to 407. The party may, however, take exception to such judgments and they may be revised at the same time as the final judgment if an appeal is brought from the latter.
(2)  An appeal shall lie to the Court of Appeal from the final judgment rendered in any matter mentioned in sections 352 and 397.
The appeal must be brought within 30 days after the date of the judgment.
It has precedence over any other appeal at the first session of the court after the inscription.
The plaintiff shall serve the judgment granting his action on the municipality by a certified copy of it with the clerk.
R. S. 1964, c. 193, s. 422; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1974, c. 11, s. 2; 1987, c. 57, s. 715; 1988, c. 21, s. 66; 1996, c. 2, s. 149.
408. (1)  Notwithstanding article 29 of the Code of Civil Procedure, there shall be no appeal from interlocutory judgments rendered in an action to quash a by-law under sections 397 to 407. The party may, however, take exception to such judgments and they may be revised at the same time as the final judgment if an appeal is brought from the latter.
(2)  An appeal shall lie to the Court of Appeal from the final judgment rendered by the Court of Québec in any matter mentioned in sections 352 and 397.
The appeal must be brought within 30 days after the date of the judgment.
It has precedence over any other appeal at the first session of the court after the inscription.
The plaintiff shall serve the judgment granting his action on the municipality by a certified copy of it with the clerk.
R. S. 1964, c. 193, s. 422; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1974, c. 11, s. 2; 1987, c. 57, s. 715; 1988, c. 21, s. 66.
408. (1)  Notwithstanding article 29 of the Code of Civil Procedure, there shall be no appeal from interlocutory judgments rendered in an action to quash a by-law under sections 397 to 407. The party may, however, take exception to such judgments and they may be revised at the same time as the final judgment if an appeal is brought from the latter.
(2)  An appeal shall lie to the Court of Appeal from the final judgment rendered by the Provincial Court in any matter mentioned in sections 352 and 397.
The appeal must be brought within 30 days after the date of the judgment.
It has precedence over any other appeal at the first session of the court after the inscription.
The plaintiff shall serve the judgment granting his action on the municipality by a certified copy of it with the clerk.
R. S. 1964, c. 193, s. 422; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1974, c. 11, s. 2; 1987, c. 57, s. 715.
408. (1)  Notwithstanding article 29 of the Code of Civil Procedure, there shall be no appeal from interlocutory judgments rendered in an action to quash a by-law under sections 397 to 407. The party may, however, take exception to such judgments and they may be revised at the same time as the final judgment if an appeal is brought from the latter.
(2)  An appeal shall lie to the Court of Appeal from the final judgment rendered by the Provincial Court in any matter mentioned in sections 352 and 397.
The provisions of sections 310 to 314 shall apply to the procedure on such appeal.
R. S. 1964, c. 193, s. 422; 1965 (1st sess.), c. 17, s. 2; 1965 (1st sess.), c. 80, a. 1; 1974, c. 11, s. 2.
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