C-25.01 - Code of Civil Procedure

Section 218 Disposition versions

2016-01-01

218. If acquiescence in the application is unqualified, the special clerk renders judgment immediately.

If acquiescence in the application is qualified, the plaintiff must notify acceptance or refusal to the defendant within 15 days after notification of the declaration of acquiescence. If the plaintiff accepts, the special clerk renders judgment accordingly. If the plaintiff refuses, the proceeding continues, but the plaintiff may nevertheless obtain judgment for the amount specified in the declaration of acquiescence, in which case the proceeding continues only for the balance.

If the plaintiff notifies neither acceptance nor refusal, the plaintiff is presumed to have accepted the acquiescence with its qualifications. However, the court may relieve the plaintiff from the consequences of the default before judgment is rendered on the acquiescence.

2014, c. 1, a. 218.