C-25 - Code of Civil Procedure

Section 483 Disposition versions

1990-04-15

483. Likewise, where there is no other useful recourse against a judgment, the court which rendered it may revoke it at the request of one of the parties, in the following cases:

(1)  When the procedure prescribed has not been followed and the resulting nullity has not been covered;

(2)  When the judgment has decided beyond the conclusions, or when it has failed to rule on one of the essential grounds of the suit;

(3)  When, in the case of a minor or person of full age under tutorship or curatorship, no valid defence has been produced;

(4)  When judgment has been rendered upon an unauthorized consent or tender subsequently disavowed;

(5)  When judgment has been rendered upon documents whose falsity has only been discovered afterwards, or following fraud of the adverse party;

(6)  When, since the judgment, decisive documents have been discovered whose production had been prevented by a circumstance of irresistible force or because of the act of the adverse party;

(7)  When, since the judgment, new evidence has been discovered and it appears that:

(a)  if it had been brought forward in time, the decision would probably have been different;

(b)  it was known neither to the party nor to his attorney or agent and

(c)  it could not, with all reasonable diligence, have been discovered in time.

1965 (1st sess.), c. 80, a. 483; 1989, c. 54, s. 134.

1977-12-31

483. Likewise, where there is no other useful recourse against a judgment, the court which rendered it may revoke it at the request of one of the parties, in the following cases:

(1)  When the procedure prescribed has not been followed and the resulting nullity has not been covered;

(2)  When the judgment has decided beyond the conclusions, or when it has failed to rule on one of the essential grounds of the suit;

(3)  When, in the case of a minor or interdicted person, no valid defence has been produced;

(4)  When judgment has been rendered upon an unauthorized consent or tender subsequently disavowed;

(5)  When judgment has been rendered upon documents whose falsity has only been discovered afterwards, or following fraud of the adverse party;

(6)  When, since the judgment, decisive documents have been discovered whose production had been prevented by a circumstance of irresistible force or because of the act of the adverse party;

(7)  When, since the judgment, new evidence has been discovered and it appears that:

(a)  if it had been brought forward in time, the decision would probably have been different;

(b)  it was known neither to the party nor to his attorney or agent and

(c)  it could not, with all reasonable diligence, have been discovered in time.

1965 (1st sess.), c. 80, a. 483.