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C-25 - Code of Civil Procedure

Section 753.1
Disposition versions

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753.1. No application for an interlocutory injunction may be presented at the beginning of proceedings unless a motion to institute proceedings has been filed in the office of the court.
If the application is granted, the motion to institute proceedings must be attached to the order and be served with it unless the judge allows the motion not to be served. In the latter case, the applicant must file the motion at the office of the court within five days of the order, with a copy for the defendant.
However, the application may be presented without a motion to institute proceedings if the latter could not be filed in time. In such a case, if the application is granted, the order may be served without the motion to institute proceedings. However, the motion must be served within the time determined by the judge.
1983, c. 28, s. 29; 1996, c. 5, s. 45; 2002, c. 7, s. 103.
753.1. No motion for injunction may be presented at the beginning of proceedings unless a declaration has been filed in the office of the court.
If the motion is granted, the declaration must be attached to the order and be served with it unless the judge allows the declaration not to be served. In the latter case, the party making the motion must file the declaration in the office of the court within five days of the order, with a copy for the defendant.
However, the motion may be presented without the declaration if the declaration has not been filed in due time. In such a case, if the motion is granted, the order may be served without the declaration. However, the declaration must be served within the time fixed by the judge.
1983, c. 28, s. 29; 1996, c. 5, s. 45.
753.1. No motion for injunction may be presented at the beginning of proceedings unless a writ has been issued.
If the motion is granted, the writ and the declaration must be attached to the order and be served with it unless the judge allows the declaration not to be served. In the latter case, the party making the motion must file the declaration in the office of the court within five days of the order, with a copy for the defendant.
However, the motion may be presented without the writ if the writ has not been issued in due time. In such a case, if the motion is granted, the order may be served without the writ. However, the writ and the declaration must be served within the time fixed by the judge.
1983, c. 28, s. 29.
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