C-25 - Code of Civil Procedure

Section 151.6 Disposition versions

2003-01-01

151.6. At the time of presentation of the action or application, the court may, after examining the questions of law or fact at issue,

(1)  if the defence is to be oral and the parties are ready to proceed, hear the merits of the case, or otherwise determine the date of the hearing or order that the case be placed on the roll;

(2)  hear the contested preliminary exceptions, or defer the hearing of exceptions to a date determined by the court;

(3)  determine the number and length of and other conditions relating to examinations on discovery before the filing of the defence;

(4)  in the absence of an agreement filed by the parties at the office of the court, determine a timetable that will ensure the orderly progress of the proceeding;

(5)  determine how the conduct of the proceeding may be simplified or accelerated and the hearing shortened, by ruling among other things on the advisability of splitting the proceeding, better defining the questions at issue, amending the pleadings or admitting any fact or document, or invite the parties to a settlement conference or to recommend mediation;

(6)  authorize or order that the defence be made orally or in writing on the conditions determined by the court, where not permitted as of right;

(7)  dispose of specific requests made by the parties;

(8)  order service of the motion to institute proceedings on any person, identified by the court, whose rights may be affected by the judgment; and

(9)  authorize or order provisional measures.

2002, c. 7, s. 19.