C-25 - Code of Civil Procedure

Section 176 Disposition versions

2003-01-01

176. (Repealed).

1965 (1st sess.), c. 80, a. 176; 1972, c. 70, s. 8; 1992, c. 57, s. 234; 2002, c. 7, s. 27.

1994-01-01

176. The defence must be drawn up in the first person and supported by an affidavit, failing which it is null, in an action:

(a)  on an account for services rendered or goods sold and delivered;

(b)  upon a bill of exchange, cheque, promissory note or acknowledgment of debt;

(c)  for salary or rent or for money lent;

(d)  to recover taxes, rates and assessments imposed by any law of Québec or in virtue of any of its provisions.

The affidavit must attest that there is a serious defence and that the facts alleged are true, and if the defence is based upon the failure to present regularly for payment a bill of exchange, cheque or promissory note, it must also attest that at maturity provision had been made for payment at the appointed place.

1965 (1st sess.), c. 80, a. 176; 1972, c. 70, s. 8; 1992, c. 57, s. 234.

1977-12-31

176. The defence must be drawn up in the first person and supported by an affidavit, failing which it is considered null, in an action:

(a)  on an account for services rendered or goods sold and delivered;

(b)  upon a bill of exchange, cheque, promissory note or acknowledgment of debt;

(c)  for salary or rent or for money lent;

(d)  to recover taxes, rates and assessments imposed by any law of Québec or in virtue of any of its provisions.

The affidavit must attest that there is a serious defence and that the facts alleged are true, and if the defence is based upon the failure to present regularly for payment a bill of exchange, cheque or promissory note, it must also attest that at maturity provision had been made for payment at the appointed place.

1965 (1st sess.), c. 80, a. 176; 1972, c. 70, s. 8.