At any time in the course of the proceeding, the court, even on its own initiative, may take the case management measures it sees fit and, if necessary, convene a case management conference or hear a preliminary application and issue any appropriate order. Acts necessary for the purpose of executing a judgment are performed by a court bailiff acting as court officer under the authority of the court. The witness’s testimony is heard at a distance unless it is established to the satisfaction of the court that attendance in person is necessary or possible without any major inconvenience to the witness. They may also be written in the official language, or in one of the official languages, of the State in which the documents originate. The court may, on the parties’ application, appoint a commissioner to examine a witness or to gather evidence in a foreign State if the court is convinced that the witness cannot be examined or the evidence gathered using technological means. If two or more items of property separately charged with different claims are sold for an aggregate price or if a creditor has a claim against part only of an item of property, the bailiff prorates the amount to be distributed if it is insufficient, and obtains an expert opinion if the record does not contain sufficient information. The Court of Québec has exclusive jurisdiction to hear and determine applications relating to an arbitration insofar as it would be competent to rule on the subject matter of the dispute referred to the arbitrator, and to hear and determine applications for the recognition and enforcement of a decision rendered outside Québec in a matter within its jurisdiction. An agreement to the contrary is unenforceable against the employee, the consumer, the insured, the insurance contract beneficiary or the hypothecary debtor. The mediator files a report with the court office giving an account of the facts, the parties’ positions and the points of law raised. (Amendment integrated into the Civil Code, a. The Goa Family Law, is the set of civil laws, originally the Portuguese Civil Code, continued to be implemented after its annexation in 1961. A party that has failed to so disclose evidence cannot produce it at trial except with the authorization of the court. (Amendment integrated into the Civil Code, a. No compensation is paid to those called to a meeting of relatives, persons connected by marriage or civil union, or friends. The party must give the person the name of the expert responsible for conducting the examination and pay to the person in advance the indemnities and allowances payable to a witness, unless the person is otherwise compensated. A plaintiff cannot divide a debt that is due for the purpose of claiming payment by means of more than one application. The chief justice may assign a judge despite there being grounds for the judge’s recusation, provided the chief justice considers the situation, in the context of the case, does not undermine the impartiality of the judiciary. A judgment dated and signed by the person who rendered it is an authentic act. A transaction, acceptance of a tender, or an acquiescence is valid only if approved by the court. If international trade interests, including interprovincial trade interests, are involved in arbitration proceedings, consideration may be given, in interpreting this Title, to the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law on 21 June 1985, and its amendments. Incidental applications available in first instance may be presented on appeal, insofar as they are applicable. The notice may be left in the addressee’s mailbox or in a place accessible only to the addressee or, failing that, in a place where it will be plainly visible; it may instead be left with the owner, administrator or manager of the building. Heirs who are parties to a proceeding are required to notify the liquidator’s name, address and other contact information to the other parties as soon as the liquidator takes charge of the succession. It is held in camera, at no cost to the parties and without formality. The amount of the guarantee is determined by the amount claimed or the value of the seized property. The appellate clerk issues a certificate of lapse of appeal, unless an appellate judge is seized of an application for an extension. Notification by a technological means is proved by the transmission slip or, failing that, by an affidavit of the sender. (Amendment integrated into c. R-2.1, s. 20). Bailiffs cannot be called to testify about facts or admissions they may have become aware of in the course of notifying a pleading. The parties, subject to their agreement or unless the arbitrator decides otherwise, are equally liable for the arbitrator’s professional fee and expenses. However, in reviewable or reassessable matters and, in non-contentious cases, notices, certificates, minutes, inventories, medical and psychosocial evidence, affidavits, statements, declarations and documents made enforceable by a judgment, including any child support determination form attached to a judgment, cannot be removed from the record or destroyed. The State and state bodies, in seeking to resolve a dispute with natural or legal persons, may, if they consider it advisable, resort to a private dispute prevention and resolution process before taking the matter before the courts. The court clerk informs the judge who rendered the judgment of the appeal and, on the appellate clerk’s request, sends the case record without delay to the Court of Appeal, along with an inventory of the exhibits in the record and a list of the relevant entries in the court registers. Service of an originating application must be made on the addressee personally if the addressee is 14 years of age or older and the application pertains to their personal integrity, status or capacity. When applications have been joined in the same proceeding, the court, if it considers it advisable in order to protect the parties’ rights, may order that they be separated and dealt with in different proceedings. (Amendment integrated into c. B-1, s. 125). An application for the revocation of a placement order is notified to the director of youth protection, who gives notice of the application to those to whom the application for placement was notified. Federal States shall be free to designate more than one Central Authority. (Amendment integrated into c. C-25.1, a. A party against which a default judgment is so rendered following failure to answer the summons or defend on the merits may, within one year after the judgment date, apply for the revocation of the judgment if it can show that, by no fault of its own, it did not become aware of the proceeding in sufficient time to file a defence or to exercise a recourse against the decision, and if the grounds raised in its defence do not appear completely unfounded. The bailiff is also required to carry out the creditors’ instructions in the manner that is most advantageous not only for them but for all the parties. An application in the course of a proceeding may be in writing or presented orally and without formality at the hearing. In the latter case, the lawyer may only be declared disqualified for serious cause. The courts may, at any time, on an application and even on their own initiative, declare that a judicial application or a pleading is abusive. The application for recognition and enforcement must be accompanied by the arbitration award or measure concerned and the arbitration agreement and by a translation certified in Québec of those documents if they are drawn up in a language other than French or English. In the case of a testamentary succession, the letters of verification certify that it has been proved that the will, a copy of which is attached to the letters of verification, is the only will made by the deceased or the last will made by the deceased; in the latter case, they certify that the will revokes previous wills in whole or in part. The court clerk notifies a subpoena to the witnesses named by the parties and informs them that they will not be compensated, unless the court decides otherwise. Creditors are required to file their claim, which is deemed to be a sworn claim, within 30 days after the notification. The time limit for opposing a person’s release or appealing a judgment granting an application for authorization relating to personal integrity or ordering confinement for or after a psychiatric assessment is five days. The garnishee may, however, obtain the authorization to declare or deposit at any time, even after judgment, on payment of the sums the garnishee should have withheld and deposited since notification of the notice of execution. After judgment, such a disavowal must be sought by means of an originating application. A refusal to take the oath constitutes a refusal to testify; if it persists, it constitutes contempt of court. Notification by public notice is deemed to have taken place on the first day of publication. If the deposition cannot be completed on the first day of attendance at court, the witness is required to re-attend on the next working day or at any other time specified by the court. When execution proceedings concern two or more judgments, the application, contestation or opposition is presented before the court that rendered the judgment which gave rise to the initial notice of execution, but if the judgments were rendered at different jurisdictional levels, it is presented before the Court of Québec or, if the execution proceedings concern a judgment of the Superior Court, before the Superior Court. Whether it constitutes an originating application or is presented to contest an application for homologation, the application for annulment must be presented within three months after receipt of the arbitration award or of the decision on the request for a correction, a supplemental award or an interpretation. However, if the failure is attributable to the Attorney General, the plaintiff must give the Attorney General at least one month’s notice before filing the request for setting down. Movable property is seized by the bailiff on the premises where it is located. The seizure of an immovable is effected by registering the minutes of seizure, together with the notice of execution and proof of service on the debtor, in the land register. sincere his motive may be.". At any stage of a proceeding, the chief justice or chief judge may, by way of exception, order, even on their own initiative, that a case, a trial or an application relating to the execution of a judgment be transferred to another district in the interests of the parties or of the third persons concerned or if warranted on serious grounds. The Convention shall remain in force for the other Contracting States. After hearing the third person and the parties, the court may grant authorization if it is of the opinion that the intervention is expedient; in making its decision, the court considers the importance of the issues in dispute, particularly in relation to the public interest, and the usefulness of the third person’s contribution to the debate. The exhibits and other evidence used by a party in support of an application in the course of a proceeding must be disclosed to the other party as soon as possible or, in the case of real evidence, made available to the other party as soon as possible before the hearing. If one of the spouses asks for the cancellation of the entry in the register, the court may order the cancellation subject to a sufficient suretyship being provided. The notary gives an account of the assessments and the examination to all present at the meeting or conference and informs them of any other relevant exhibits. In matters where the appeal record is to comprise memorandums, the appellate clerk may set the date and time of the hearing and establish a calendar, with the parties, for the filing of documents. Respect for neighbors (Article 26, Civil Code), Thoughtless extravagance (Article 25, Civil Code). If the court office can receive pleadings in technological media, the pleading must be in one of the standardized formats determined by the Minister of Justice to ensure the proper operation of the court office. Voluntary deposit is a manner of execution by which the debtor undertakes by means of a declaration, which is deemed sworn, to make regular payments to the office of the Court of Québec, in an amount which cannot be less than the seizable portion of their income, and to declare any change in their situation to the court clerk. All persons are presumed competent to testify and may be compelled to do so. A judge of the Court of Appeal may also do so, or may lift a stay ordered by the judge of first instance. If the public officer does not act in a timely manner, any interested person may ask the court to designate a person to establish a reconstitution procedure. They are, however, required to comply with government regulations on the subject and to resort to such a process only to the extent permitted by the public interest or the applicable legal standards. (Amendment integrated into c. T-16, s. 146). Day that marks the start is not contested within that time limit prescribed regulation... Support payments is confidential information it contains must be served on the expiry 10. States the facts that are registered in the children ’ s own initiative s. 82 ) latter the! Deemed filed the following order, effective for not more than six months court that there a... By delivery, by technological means defendant or the Minister may intervene as of the act. 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