c-25.01 - Code of Civil Procedure

À jour au 4 décembre 2015

Ce document a valeur officielle.

chapter C-25.01

Code of Civil Procedure

PRELIMINARY PROVISION

This Code establishes the principles of civil justice and, together with the Civil Code and in harmony with the Charter of human rights and freedoms (chapter C-12) and the general principles of law, governs procedure applicable to private dispute prevention and resolution processes when not otherwise determined by the parties, procedure before the courts as well as procedure for the execution of judgments and for judicial sales.

This Code is designed to provide, in the public interest, means to prevent and resolve disputes and avoid litigation through appropriate, efficient and fair-minded processes that encourage the persons involved to play an active role. It is also designed to ensure the accessibility, quality and promptness of civil justice, the fair, simple, proportionate and economical application of procedural rules, the exercise of the parties’ rights in a spirit of co-operation and balance, and respect for those involved in the administration of justice.

This Code must be interpreted and applied as a whole and in the civil law tradition. Its rules must be interpreted in light of the special provisions it contains and those contained in other laws. In the matters it addresses, this Code supplements the silence of other laws if circumstances permit.

BOOK I GENERAL FRAMEWORK OF CIVIL PROCEDURE

TITLE II PRINCIPLES OF PROCEDURE APPLICABLE BEFORE THE COURTS

CHAPTER IV RULES OF INTERPRETATION AND APPLICATION OF THIS CODE

28. After considering the effects of the project on the rights of individuals and obtaining the agreement of the Chief Justice of Québec or the Chief Justice of the Superior Court or the Chief Judge of the Court of Québec, according to their jurisdiction, and after consulting the Barreau du Québec and, if applicable, the Chambre des notaires du Québec or the Chambre des huissiers de justice du Québec, the Minister of Justice, by regulation, may modify a rule of procedure, or introduce a new one, for a specified time not exceeding three years, for the purposes of a pilot project conducted in specified judicial districts.

2014, c. 1, a. 28.

694. A debtor’s movable property that furnishes or adorns the debtor’s main residence, that is for the family’s use and is needed for the life of the family, up to a market value of $7,000 as determined by the bailiff, and, if that value has not been attained, the personal objects the debtor chooses to keep may be exempted from seizure. Such movable property is presumed to belong to the debtor.

Work instruments needed for the personal exercise of the debtor’s professional activities may also be exempted from seizure.

Such property may nevertheless be seized and sold for the amounts owed on the sale price, or seized and sold by a creditor holding a hypothec on it, as applicable.

Companion animals and the following property are exempt from seizure in the hands of debtors:

(1)  the food, fuel, linens and clothing needed for their life and the life of their family;

(2)  the things they need or a member of their family needs in order to compensate for a handicap or treat an illness;

(3)  (subparagraph repealed);

(4)  family papers and portraits, medals and other decorations.

Any waiver of the exemption of such property from seizure is null.

2014, c. 1, a. 694; 2015, c. 35, s. 7.

822. (Repealed).

2014, c. 1, a. 822; 2014, c. 10, s. 6.

FINAL PROVISIONS

836. (Omitted).

2014, c. 1, a. 836.