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C-25 - Code of Civil Procedure

Section 36
Disposition versions

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36. Notwithstanding any legislative provision inconsistent herewith, the Court of Québec has exclusive and ultimate jurisdiction in all suits or actions instituted in virtue of Chapter II of Title VI of Book V and relating to the usurpation, holding or unlawful exercise of an office in a municipality or school board, whatever the law governing the same.
The case is heard and decided by a judge of the Court of Québec when the only matter in dispute is the property qualification of the defendant.
In all other cases, it is heard by three judges of the Court of Québec designated by the chief judge of such Court whose administrative jurisdiction covers the district in which the action is instituted.
One of the said judges, also designated by such chief judge, presides over the court.
Judgment is rendered by the majority of such judges. It may be rendered in open court, in the absence of the other judges, by the judge who presided over the court, or deposited in the office of the court, under the signature of at least two of them; in the latter case, the clerk must immediately give notice of such deposit to all parties concerned.
In the case of the death, before judgment, of the judge who heard the case, or of his being incapable, on account of any circumstance, of taking part in the judgment when the others agree and are ready to adjudicate, the latter may render judgment.
1965 (1st sess.), c. 80, a. 36; 1988, c. 21, s. 66; 1988, c. 84, s. 701; 1992, c. 57, s. 182; 1999, c. 40, s. 56.
36. Notwithstanding any legislative provision inconsistent herewith, the Court of Québec has exclusive and ultimate jurisdiction in all suits or actions instituted in virtue of Chapter II of Title VI of Book V and relating to the usurpation, holding or unlawful exercise of an office in a municipality or school board, whatever the law governing the same.
The case is heard and decided by a judge of the Court of Québec when the only matter in dispute is the real estate qualification of the defendant.
In all other cases, it is heard by three judges of the Court of Québec designated by the chief judge of such Court whose administrative jurisdiction covers the district in which the action is instituted.
One of the said judges, also designated by such chief judge, presides over the court.
Judgment is rendered by the majority of such judges. It may be rendered in open court, in the absence of the other judges, by the judge who presided over the court, or deposited in the office of the court, under the signature of at least two of them; in the latter case, the clerk must immediately give notice of such deposit to all parties concerned.
In the case of the death, before judgment, of the judge who heard the case, or of his being incapable, on account of any circumstance, of taking part in the judgment when the others agree and are ready to adjudicate, the latter may render judgment.
1965 (1st sess.), c. 80, a. 36; 1988, c. 21, s. 66; 1988, c. 84, s. 701; 1992, c. 57, s. 182.
36. Notwithstanding any legislative provision inconsistent herewith, the Court of Québec has exclusive and ultimate jurisdiction in all suits or actions instituted in virtue of Chapter II of Title VI of Book Five and relating to the usurpation, holding or unlawful exercise of an office in a municipal corporation or school board, whatever the law governing the same.
The case is heard and decided by a judge of the Court of Québec when the only matter in dispute is the real estate qualification of the defendant.
In all other cases, it is heard by three judges of the Court of Québec designated by the chief judge of such Court whose administrative jurisdiction covers the district in which the action is instituted.
One of the said judges, also designated by such chief judge, presides over the court.
Judgment is rendered by the majority of such judges. It may be rendered in open court, in the absence of the other judges, by the judge who presided over the court, or deposited in the office of the court, under the signature of at least two of them; in the latter case, the clerk must immediately give notice of such deposit to all parties concerned.
In the case of the death, before judgment, of the judge who heard the case, or of his being incapable, on account of any circumstance, of taking part in the judgment when the others agree and are ready to adjudicate, the latter may render judgment.
1965 (1st sess.), c. 80, a. 36; 1988, c. 21, s. 66; 1988, c. 84, s. 701.
36. Notwithstanding any legislative provision inconsistent herewith, the Court of Québec has exclusive and ultimate jurisdiction in all suits or actions instituted in virtue of Chapter II of Title VI of Book Five and relating to the usurpation, holding or unlawful exercise of an office in a municipal or school corporation, whatever the law governing the same.
The case is heard and decided by a judge of the Court of Québec when the only matter in dispute is the real estate qualification of the defendant.
In all other cases, it is heard by three judges of the Court of Québec designated by the chief judge of such Court whose administrative jurisdiction covers the district in which the action is instituted.
One of the said judges, also designated by such chief judge, presides over the court.
Judgment is rendered by the majority of such judges. It may be rendered in open court, in the absence of the other judges, by the judge who presided over the court, or deposited in the office of the court, under the signature of at least two of them; in the latter case, the clerk must immediately give notice of such deposit to all parties concerned.
In the case of the death, before judgment, of the judge who heard the case, or of his being incapable, on account of any circumstance, of taking part in the judgment when the others agree and are ready to adjudicate, the latter may render judgment.
1965 (1st sess.), c. 80, a. 36; 1988, c. 21, s. 66.
36. Notwithstanding any legislative provision inconsistent herewith, the Provincial Court has exclusive and ultimate jurisdiction in all suits or actions instituted in virtue of Chapter II of Title VI of Book Five and relating to the usurpation, holding or unlawful exercise of an office in a municipal or school corporation, whatever the law governing the same.
The case is heard and decided by a judge of the Provincial Court when the only matter in dispute is the real estate qualification of the defendant.
In all other cases, it is heard by three judges of the Provincial Court designated by the chief judge of such Court whose administrative jurisdiction covers the district in which the action is instituted.
One of the said judges, also designated by such chief judge, presides over the court.
Judgment is rendered by the majority of such judges. It may be rendered in open court, in the absence of the other judges, by the judge who presided over the court, or deposited in the office of the court, under the signature of at least two of them; in the latter case, the clerk must immediately give notice of such deposit to all parties concerned.
In the case of the death, before judgment, of the judge who heard the case, or of his being incapable, on account of any circumstance, of taking part in the judgment when the others agree and are ready to adjudicate, the latter may render judgment.
1965 (1st sess.), c. 80, a. 36.
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