C-25.01 - Code of Civil Procedure

Section 660 Disposition versions

2022-11-01

660. A judgment is provisionally executed as of right, if it

(1)  concerns support payments or a support provision, determines arrangements regarding the custody of children or adjudicates on parental authority;

(2)  orders a child’s return under the Act respecting the civil aspects of international and interprovincial child abduction (chapter A-23.01);

(3)  appoints, removes or replaces a tutor, temporary representative or other administrator of the property of others, or homologates or revokes a protection mandate;

(4)  orders urgent repairs;

(5)  orders an eviction in the absence of a lease or after the lease has expired or been resiliated or cancelled;

(6)  orders a rendering of account or an inventory;

(7)  orders any measure for the liquidation of a succession;

(8)  adjudicates on the possession of property;

(9)  adjudicates on the sequestration of property;

(10)  adjudicates on an abuse of procedure;

(11)  orders a provision for costs; or

(12)  rules on legal costs, but only with respect to the portion not exceeding $15,000.

The judge may order the stay of provisional execution by a decision giving reasons. A judge of the Court of Appeal may also do so, or may lift a stay ordered by the judge of first instance.

2014, c. 1, a. 660; I.N. 2016-12-01; 2020, c. 11, s. 115.

2016-12-01

660. A judgment is provisionally executed as of right, if it

(1)  concerns support payments or a support provision, determines arrangements regarding the custody of children or adjudicates on parental authority;

(2)  orders a child’s return under the Act respecting the civil aspects of international and interprovincial child abduction (chapter A-23.01);

(3)  appoints, removes or replaces a tutor, curator or other administrator of the property of others, or homologates or revokes a protection mandate;

(4)  orders urgent repairs;

(5)  orders an eviction in the absence of a lease or after the lease has expired or been resiliated or cancelled;

(6)  orders a rendering of account or an inventory;

(7)  orders any measure for the liquidation of a succession;

(8)  adjudicates on the possession of property;

(9)  adjudicates on the sequestration of property;

(10)  adjudicates on an abuse of procedure;

(11)  orders a provision for costs; or

(12)  rules on legal costs, but only with respect to the portion not exceeding $15,000.

The judge may order the stay of provisional execution by a decision giving reasons. A judge of the Court of Appeal may also do so, or may lift a stay ordered by the judge of first instance.

2014, c. 1, a. 660; I.N. 2016-12-01.

2016-01-01

660. A judgment is provisionally executed as of right, if it

(1)  concerns support payments or an alimentary allowance, determines arrangements regarding the custody of children or adjudicates on parental authority;

(2)  orders a child’s return under the Act respecting the civil aspects of international and interprovincial child abduction (chapter A-23.01);

(3)  appoints, removes or replaces a tutor, curator or other administrator of the property of others, or homologates or revokes a protection mandate;

(4)  orders urgent repairs;

(5)  orders an eviction in the absence of a lease or after the lease has expired or been resiliated or annulled;

(6)  orders a rendering of account or an inventory;

(7)  orders any measure for the liquidation of a succession;

(8)  adjudicates on the possession of property;

(9)  adjudicates on the sequestration of property;

(10)  adjudicates on an abuse of procedure;

(11)  orders a provision for costs; or

(12)  rules on legal costs, but only with respect to the portion not exceeding $15,000.

The judge may order the stay of provisional execution by a decision giving reasons. A judge of the Court of Appeal may also do so, or may lift a stay ordered by the judge of first instance.

2014, c. 1, a. 660.