C-25.01 - Code of Civil Procedure

Section 317 Disposition versions

2016-01-01

317. If representations or oppositions are received that are equivalent to an actual contestation of the merits of the application, the notary, after verifying that the person from whom they were received intends to contest the application, must withdraw from the matter and inform the interested persons.

In such a case, the notary draws up the minutes of the operations carried out so far and transfers the matter to the competent court, which is seized of it on the filing of the minutes. If the application is for the probate of a will and the notary is in possession of the original of the will, the notary attaches it to the minutes.

If it considers it expedient, the court may ask the notary to gather all the evidence necessary for the furtherance of the matter, setting a time limit within which the notary is to report back to the court so that it can make its own assessment of the facts.

If the person contesting discontinues their judicial application, the court refers the matter back to the notary for the continuation of the notarial operations.

2014, c. 1, a. 317.