C-25 - Code of Civil Procedure

Section 509 Disposition versions

2000-02-01

509. In appeal, a judge hears all incidental proceedings provided for in Title IV of Book II to the extent that they are applicable.

In exceptional circumstances, the Court may, if the interests of justice so require, allow a party to adduce, in such manner as the Court directs, indispensable new evidence.

Applications under this article are presented by motion, and the procedure is the same as in first instance, in the absence of rules of practice to the contrary.

During the hearing of such an application, any party may submit relevant evidence, and the judge or the Court, as the case may be, may return the case to the court of first instance so that further proof relating to the application may be made.

If, in the judge’s opinion, the interests of justice so require, the judge may refer an application to the Court.

1965 (1st sess.), c. 80, a. 509; 1982, c. 32, s. 46; 1999, c. 46, s. 11.

1982-09-01

509. In appeal, recourse may, in particular, be had to intervention, continuance of suit, change of attorney, recusation, disavowal and discontinuance, in the same circumstances as in first instance.

Incidental proceedings are raised by motion and the procedure is the same as in first instance, failing rules of practice to the contrary.

However, a motion to cease representing a party, the change of attorney, the disavowal and the discontinuance are within the competence of a judge. He may also hear a request for recusation in any case referred to him.

The court or as the case may be, the judge may, in connection with an incidental proceeding, permit the production of documents, receive affidavits, hear witnesses and even return the case to the court of first instance so that additional proof relating to the case may be made.

1965 (1st sess.), c. 80, a. 509; 1982, c. 32, s. 46.

1977-12-31

509. In the Court of Appeal, recourse may be had to intervention, continuance of suit, change of attorney, recusation, disavowal, discontinuance, and peremption, in the same circumstances as in first instance.

Such incidental proceedings and any others are raised by motion and the procedure is the same as in first instance, failing rules of practice to the contrary.

The court may, in connection with an incidental proceeding, permit the production of documents, receive affidavits, hear witnesses and even return the case to the court of first instance so that additional proof relating to the case may be made.

1965 (1st sess.), c. 80, a. 509.