C-25.01, r. 2 - Model pleadings and other documents established pursuant to articles 136, 146, 235, 271, 393, 497, 546 and 681 of the Code of Civil Procedure

À jour au 30 juin 2023

Ce document a valeur officielle.

chapter C-25.01, r. 2

Model pleadings and other documents established pursuant to articles 136, 146, 235, 271, 393, 497, 546 and 681 of the Code of Civil Procedure

Code of Civil Procedure

(chapter C-25.01).

M.O. 2015-06-01; M.O. 4384.

1. The models attached to this Order are established:

— Notification by public notice (articles 136 and 137, Code of Civil Procedure (chapter C-25.01)). (Schedule 1)

— Summons (articles 145 and following, Code of Civil Procedure). (Schedule 2)

— Declaration regarding the carrying out of the mission of an expert (article 235, Code of Civil Procedure). (Schedule 3)

— Subpoena (articles 269 and following, Code of Civil Procedure). (Schedule 4)

— Notice accompanying an application presented before a notary relating to the personal integrity, status or capacity of a person of full age or a minor 14 years of age or older (article 393, Code of Civil Procedure). (Schedule 5)

— Notice accompanying an application presented before the court relating to the personal integrity, status or capacity of a person of full age or a minor 14 years of age or older (article 393, Code of Civil Procedure). (Schedule 6)

— Certificate issued by the court for the subpoena calling a witness resident in another province or in a territory of Canada to attend at court (article 497, Code of Civil Procedure). (Schedule 6.1)

— Notice setting out the options available to the defendant in the small claims division (articles 546 and following, Code of Civil Procedure). (Schedule 7)

— Notice of execution (articles 516, 520, 681 and 682, Code of Civil Procedure). (Schedule 8)

— Notice of execution drawn up by the judgment creditor for the recovery of small claims (articles 566 and 681, Code of Civil Procedure). (Schedule 9)

— Notice of execution drawn up by the collector [article 330, Code of Penal Procedure (chapter C-25.1)]. (Schedule 10)

— Notice of execution drawn up under a specific law (articles 681 and 682, Code of Civil Procedure). (Schedule 11)

M.O. 2015-06-01, s. 1; M.O. 4384.

2. (Omitted).

M.O. 2015-06-01, s. 2.

Schedule 1

(a. 136 and 137 C.C.P.)

Notification by public notice

M.O. 2015-06-01, Sch. 1.

SCHEDULE 2

(a. 145 and following C.C.P.)

Summons

  

M.O. 2015-06-01, Sch. 2; M.O. 4384; M.O. 5016.

Schedule 3

(a. 235 C.C.P.)

Declaration regarding the carrying out of the mission of an expert

M.O. 2015-06-01, Sch. 3.

SCHEDULE 4

(a. 269 and following C.C.P.)

Subpoena

  

M.O. 2015-06-01, Sch. 4; M.O. 4384.

SCHEDULE 5

MODEL ESTABLISHED BY THE MINISTER OF JUSTICE

Notice accompanying an application relating to the personal integrity, status or capacity of a person of full age or a minor 14 years of age or older

Application presented before a notary

(s. 393 C.C.P.)

General duties of a notary

The notary seized of this application must act in your best interests while protecting your rights and safeguarding your autonomy.

Right to be heard

Before drawing up minutes of notarial operations and conclusions, the notary must hear you in person to allow you to make representations, give your opinion or answer questions. However, if it is impossible or clearly inexpedient to hear you because of the urgency of the situation or your state of health, the notary is not required to hear you.

If you are of full age and living in a remote location, the notary may delegate the responsibility of hearing you to another notary in order to avoid excessive travel expenses.

If the notary is not sufficiently fluent in your language, the notary may also mandate a notary who speaks the language. If necessary, the notary seized of the application or the other notary may retain the services of an interpreter.

Right to be represented

If you are an incapable person of full age, a notary who considers that you need to be represented by a lawyer or another notary or by a tutor ad hoc must inform the interested persons so that the appropriate measures may be taken. The notary may continue to act if the latter are not opposed to it.

Right to be assisted

If you are an incapable person of full age, a notary who considers that you need to be assisted by a trusted third person must inform the interested persons so that the appropriate measures may be taken. The notary may continue to act if the latter are not opposed to it.

Right of opposition

In the 10 days preceding the date specified by the notary for the filing of the minutes with the court office, it is possible to oppose the minutes by applying to the court.

Recourse against a judgment granting, rejecting or amending the conclusions set out in a notary’s minutes

If a decision concerning your capacity is rendered by a special clerk, an application for review may be filed at the office of the court within 10 days after the date of the decision.

A judgement or order made concerning this application may be appealed within 30 days after the date of the notice of judgment or after the date of the judgment if it was rendered at the hearing.

You can request the review of a judgment concerning your personal integrity or capacity when you, or any interested party, are able to present new facts sufficient to result in the varying of the judgment.

M.O. 2015-06-01, Sch. 5; M.O. 4824, s. 1.

SCHEDULE 6

MODEL ESTABLISHED BY THE MINISTER OF JUSTICE

Notice accompanying an application relating to the personal integrity, status or capacity of a person of full age or a minor 14 years of age or older

Application presented before the court

(s. 393 C.C.P.)

Right to personal integrity

A party cannot require you to undergo a physical or mental examination unless your physical or mental condition must be considered in order to rule on a judicial application. Even in such a case, the physical or mental examination must be warranted given the nature, complexity and purpose of the judicial application.

Right to be heard

Before making a decision, the court must hear you in person to allow you to make representations, give your opinion or answer questions. However, if it is impossible or clearly inexpedient to hear you because of the urgency of the situation or your state of health, or if it is shown that requiring you to testify could be harmful to your health or safety or that of other persons, the court is not required to hear you.

If the application concerns the provision of care or the alienation of a body part and if you refuse, the court must respect your refusal unless the care is required by your state of health.

Right to be represented

If the application follows contentious proceedings, you may be represented by a lawyer. If it follows non-contentious proceedings, you may be represented by a lawyer or notary.

If you are not represented by a tutor or mandatary, the court may order the appointment of a lawyer to represent you if it considers you incapable and considers it necessary to safeguard your rights and interests. The court will rule on the lawyer’s fee, depending on the circumstances.

Right to be assisted

If you are a minor or an incapable person, you may be accompanied by someone capable of providing assistance or reassurance when the court is to hear you.

If a hearing concerning your personal integrity or capacity takes place in camera, you may be accompanied by someone capable of providing assistance or reassurance. However, if circumstances so require, the court may exclude such persons to prevent serious prejudice to a person whose interests may be affected by the application or by the proceeding.

Right to privacy

Access to documents pertaining to your health or psychosocial situation is restricted if they have been filed in the court record in a sealed envelope. The documents may only be consulted or copied by the parties, by their representatives, by lawyers and notaries, by persons designated by law, and by any person, including a journalist, who has been authorized by the court after proving a legitimate interest, subject to the access conditions and procedure determined by the court.

Recourse against a judgment

If a decision concerning your capacity is rendered by a special clerk, an application for review may be filed at the office of the court within 10 days after the date of the decision.

A judgement or order made concerning this application may be appealed within 30 days after the date of the notice of judgment or after the date of the judgment if it was rendered at the hearing.

However, the time limit for appealing a judgment is:

— 10 days if the appeal concerns a judgment refusing your release or if the appeal is presented by a party that wishes to join an appeal that was presented previously;

— 5 days if the appeal concerns a judgement ordering your release, granting an application for authorization affecting your personal integrity or ordering you to be held in custody in order to undergo a psychiatric assessment or following a psychiatric assessment.

You can request the review of a judgment concerning your personal integrity or capacity when you, or any interested party, are able to present new facts sufficient to result in the varying of the judgment.

Legal costs

If the application concerns your capacity, you will bear the legal costs unless the court decides otherwise.

M.O. 2015-06-01, Sch. 6; M.O. 4824, s. 2.

SCHEDULE 6.1

(a. 497 C.C.P.)

Certificate issued by the court for the subpoena calling a witness resident in another province or in a territory of Canada to attend at court

  

M.O. 4384.

Schedule 7

(a. 546 and following, C.C.P.)

Notice setting out the options available to the defendant in the small claims division

M.O. 2015-06-01, Sch. 7.

Schedule 8

(a. 516, 520, 681 and 682 C.C.P.)

Notice of execution

M.O. 2015-06-01, Sch. 8.

Schedule 9

(a. 566 and 681 C.C.P.)

Notice of execution drawn up by the judgment creditor for the recovery of small claims

M.O. 2015-06-01, Sch. 9.

SCHEDULE 10

(a. 681 and 682 C.C.P. and. 330 C.C.P.)

Notice of execution drawn up by the collector

  

M.O. 2015-06-01, Sch. 10; M.O. 4384.

SCHEDULE 11

(a. 681 and 682 C.C.P)

Notice of execution drawn up under a specific law

  

M.O. 2015-06-01, Sch. 11; M.O. 4384.

REFERENCES

M.O. 2015-06-01, 2015 G.O. 2, 1032

M.O. 4384, 2020 G.O. 2, 3661

M.O. 4824, 2022 G.O. 2, 3523

M.O. 5016, 2023 G.O. 2, 1738