C-25 - Code of Civil Procedure

Section 501 Disposition versions

2003-01-01

501. Within 10 days following the expiration of the time fixed for appearance, the respondent may by motion ask for the dismissal of the appeal by reason of:

(1)  an irregularity in the bringing of the appeal, when it causes him a prejudice;

(2)  the non-existence or forfeiture of the right of appeal;

(3)  acquiescence in the judgment appealed from;

(4)  renunciation of the judgment;

(4.1)  the fact that the appeal has no reasonable chance of success;

(5)  its improper or dilatory nature.

Instead of dismissing the appeal for a reason set out in subparagraph 4.1 or 5 of the first paragraph, the Court may subject the appeal to such conditions as it may determine, particularly that the appellant furnish security pursuant to article 497.

The Court may dismiss a motion for a reason set out in subparagraph 4.1 or 5 of the first paragraph without hearing the parties.

Service of a motion requesting the dismissal of the appeal suspends the 45-day period prescribed by article 495.2 for the provision of a statement certifying that a stenographer has been directed to transcribe the notes, until the decision on the motion.

The irregularity of the appeal for any of the grounds provided in subparagraphs 2, 3, 4, 4.1 and 5 of the first paragraph is not covered by the mere failure to invoke it within the time fixed; but if an appeal is dismissed on a motion made beyond such time, the costs shall be the same as if it had been made within the time fixed, unless the court otherwise decides.

1965 (1st sess.), c. 80, a. 501; 1982, c. 32, s. 38; 1995, c. 2, s. 4; 1999, c. 40, s. 56; 2002, c. 7, s. 94; 2002, c. 54, s. 3.

1999-10-22

501. Within 10 days following the expiration of the time fixed for appearance, the respondent may by motion ask for the dismissal of the appeal by reason of:

(1)  an irregularity in the bringing of the appeal, when it causes him a prejudice;

(2)  the non-existence or forfeiture of the right of appeal;

(3)  acquiescence in the judgment appealed from;

(4)  renunciation of the judgment;

(5)  its improper or dilatory nature; if it does not dismiss the appeal, the Court may subject it to such conditions as it may determine.

The Court may dismiss a motion based on subparagraph 5 of the first paragraph without hearing the parties.

The irregularity of the appeal for any of the grounds provided in subparagraphs 2, 3, 4 and 5 of the first paragraph is not covered by the mere failure to invoke it within the time fixed; but if an appeal is dismissed on a motion made beyond such time, the costs shall be the same as if it had been made within the time fixed, unless the court otherwise decides.

1965 (1st sess.), c. 80, a. 501; 1982, c. 32, s. 38; 1995, c. 2, s. 4; 1999, c. 40, s. 56.

1995-03-16

501. Within 10 days following the expiration of the delay fixed for appearance, the respondent may by motion ask for the dismissal of the appeal by reason of:

(1)  an irregularity in the bringing of the appeal, when it causes him a prejudice;

(2)  the non-existence or forfeiture of the right of appeal;

(3)  acquiescence in the judgment appealed from;

(4)  renunciation of the judgment;

(5)  its improper or dilatory nature; if it does not dismiss the appeal, the Court may subject it to such conditions as it may determine.

The Court may dismiss a motion based on subparagraph 5 of the first paragraph without hearing the parties.

The irregularity of the appeal for any of the grounds provided in subparagraphs 2, 3, 4 and 5 of the first paragraph is not covered by the mere failure to invoke it within the delay fixed; but if an appeal is dismissed on a motion made beyond such delay, the costs shall be the same as if it had been made within the delay, unless the court otherwise decides.

1965 (1st sess.), c. 80, a. 501; 1982, c. 32, s. 38; 1995, c. 2, s. 4.

1982-09-01

501. Within 10 days following the expiration of the delay fixed for appearance, the respondent may by motion ask for the dismissal of the appeal by reason of:

(1)  an irregularity in the bringing of the appeal, when it causes him a prejudice;

(2)  the non-existence or forfeiture of the right of appeal;

(3)  acquiescence in the judgment appealed from;

(4)  renunciation of the judgment;

(5)  its improper or dilatory nature; if it does not dismiss the appeal, the Court may subject it to such conditions as it may determine.

The irregularity of the appeal for any of the grounds provided in subparagraphs 2, 3, 4 and 5 of the first paragraph is not covered by the mere failure to invoke it within the delay fixed; but if an appeal is dismissed on a motion made beyond such delay, the costs shall be the same as if it had been made within the delay, unless the court otherwise decides.

1965 (1st sess.), c. 80, a. 501; 1982, c. 32, s. 38.

1977-12-31

501. Within ten days following the expiration of the delay fixed for appearance, the respondent may by motion ask for the dismissal of the appeal by reason of:

(1)  an irregularity in the bringing of the appeal, when it causes him a prejudice;

(2)  the non-existence or forfeiture of the right of appeal;

(3)  acquiescence in the judgment appealed from;

(4)  renunciation of the judgment.

The irregularity of the appeal for any of the grounds provided in paragraphs 2, 3 and 4 is not covered by the mere failure to invoke it within the delay fixed; but if an appeal is dismissed on a motion made beyond such delay, the costs shall be the same as if it had been made within the delay, unless the court otherwise decides.

1965 (1st sess.), c. 80, a. 501.