TITLE VI CERTAIN EXTRAORDINARY RECOURSES

CHAPTER I

GENERAL PROVISIONS

834. (Repealed).

1965 (1st sess.), c. 80, a. 834; 1983, c. 28, s. 31; 2002, c. 7, s. 136.

834.1. No recourse exercised under this Title suspends proceedings.

In the same manner, a judge of the Court of Appeal may, at any time after the filing of an inscription in appeal, order the suspension of any proceedings the execution of which is not suspended by the appeal.

1983, c. 28, s. 31; 1989, c. 41, s. 3; 1992, c. 57, s. 420.

834.2. The motion must be heard and decided by preference.

1983, c. 28, s. 31.

835. The motion is served on the parties, on the court, if such is the case, and on any person whose presence is necessary for the full settlement of the issues between the parties; it must be accompanied with a notice of not less than 15 days of the date when it will be presented. No written appearance is required.

1983, c. 28, s. 32; 2002, c. 7, s. 137; 2002, c. 54, s. 4.

835.1. The motion must be served within a reasonable time from the judgment, order, decision, contested procedure, fact or event giving rise to the recourse.

1983, c. 28, s. 32.

835.2. The parties must cause all the documents they intend to invoke at the proof and hearing to be served on the adverse party as soon as possible before presentation of the motion.

1983, c. 28, s. 32; 1994, c. 28, s. 37.

835.3. A party may make his proof by means of sufficiently detailed affidavits to establish all the facts necessary to support his pretensions. If he so elects, he must cause his affidavits to be served on the adverse party as soon as possible before presentation of the motion.

In addition to proof by affidavit, any party may present oral proof, if he so wishes.

1983, c. 28, s. 32; 1994, c. 28, s. 38.

835.4. (Repealed).

1983, c. 28, s. 32; 2002, c. 7, s. 138.

835.5. (Repealed).

1983, c. 28, s. 32; 2002, c. 7, s. 138.

836. A judgment which grants the demand must be served on all the parties in the case; failure to comply with the order therein contained constitutes a contempt of court.

1965 (1st sess.), c. 80, a. 836.

837. The jurisdiction assigned to a judge by the provisions of this Title shall in no case be exercised by the clerk.

1965 (1st sess.), c. 80, a. 837; 1992, c. 57, s. 420.

CHAPTER II

REMEDIES IN CASE OF USURPATION OF OFFICE

838. When a person occupies or exercises illegally, either a public office or an office in a legal person established in the public interest or for a private interest, a public body or an association within the meaning of the Civil Code, any person interested may apply to the court for an order that he be ousted therefrom; he may even ask that a third party be declared to be entitled to such office, if he alleges the facts necessary to show that he is entitled to it.

1965 (1st sess.), c. 80, a. 838; 1992, c. 57, s. 387.

839. A certificate of the clerk, attesting the deposit in the office of the court of the sum of $500 as security, must be attached to the motion.

1965 (1st sess.), c. 80, a. 839; 1983, c. 28, s. 33; 1992, c. 57, s. 420.

840. The judgment which grants the demand may also condemn the defendant to punitive damages not exceeding $500.

1965 (1st sess.), c. 80, a. 840; 1990, c. 4, s. 224.

841. When the judgment is based upon the ground that the defendant has committed an indictable offence, it is executory immediately and notwithstanding appeal. Nevertheless, the office is deemed vacant only from the day when the judgment has become final, unless it so becomes earlier for any other cause contemplated by law; but the defendant shall not be entitled, in the meantime, to the indemnities, allowances, salaries or remunerations related to such office.

In the case of the office of member of the council of a municipality subject to Title I of the Act respecting elections and referendums in municipalities (chapter E-2.2), the effects of the provisional execution of the judgment are as provided in the said Act.

1965 (1st sess.), c. 80, a. 841; 1987, c. 57, s. 730; 1992, c. 57, s. 388.

842. The person whom the judgment declares to be entitled to the office may exercise it, after having taken the oath of office and given the security required, and may demand from defendant all keys, books, papers and insignia belonging thereto; in case of refusal by the defendant, the court may order the sheriff to take possession of such objects and to deliver them to the person thereto entitled.

1965 (1st sess.), c. 80, a. 842; 1992, c. 57, s. 389.

843. No procedure in contestation of the election of a warden elected in accordance with section 210.29.2 of the Act respecting municipal territorial organization (chapter O-9), a mayor or a municipal councillor shall be taken under the provisions of this chapter, except for absence of qualification.

1965 (1st sess.), c. 80, a. 843; 2001, c. 25, s. 39.

CHAPTER III

REMEDIES IN CASE OF REFUSAL TO PERFORM A DUTY WHICH IS NOT OF A MERELY PRIVATE NATURE

844. Any person interested may apply to the court to obtain an order commanding a person to perform a duty or an act which is not of a purely private nature, more particularly:

(1) when a legal person, public body, or association within the meaning of the Civil Code omits, neglects or refuses to perform any duty or act incumbent upon it by law;

(2) when a legal person or association within the meaning of the Civil Code omits, neglects or refuses to proceed to an election which by law it is bound to make, or to recognize such of its members as have been legally chosen or elected, or to reinstate those who have been removed without lawful cause;

(3) when a public officer, or a person holding an office in a legal person, an association within the meaning of the Civil Code, a public body or a court subject to the superintending and reforming power of the Superior Court, omits, neglects or refuses to perform a duty belonging to such office, or an act which by law he is bound to perform;

(4) when an heir or representative of a public officer omits, neglects or refuses to do an act which, in such capacity, he is by law bound to perform.

1965 (1st sess.), c. 80, a. 844; 1992, c. 57, s. 390.

845. If the judgment orders the holding of an election, it must, after having prescribed the mode of giving notice of the election, which must so far as possible be that which would have normally been followed, order the competent officer, or, in his absence, a person designated in the judgment, to proceed to such election at the place, on the day and at the hour fixed, and to do everything necessary to ensure that the election is valid.

1965 (1st sess.), c. 80, a. 845.

CHAPTER IV

REMEDIES AGAINST PROCEEDINGS OR JUDGMENTS OF COURTS SUBJECT TO THE SUPERINTENDING AND REFORMING POWER OF THE SUPERIOR COURT

846. The Superior Court may, at the demand of one of the parties, evoke before judgment a case pending before a court subject to its superintending and reforming power, or revise a judgment already rendered by such court, in the following cases:

(1) when there is want or excess of jurisdiction;

(2) when the enactment upon which the proceedings have been based or the judgment rendered is null or of no effect;

(3) when the proceedings are affected by some gross irregularity, and there is reason to believe that justice has not been, or will not be done;

(4) when there has been a violation of the law or an abuse of authority amounting to fraud and of such a nature as to cause a flagrant injustice.

However, in the cases provided in paragraphs 2, 3 and 4 above, the remedy lies only if, in the particular case, the judgments of the court seized with the proceeding are not susceptible of appeal.

1965 (1st sess.), c. 80, a. 846.

847. (Repealed).

1965 (1st sess.), c. 80, a. 847; 1983, c. 28, s. 34.

848. (Repealed).

1965 (1st sess.), c. 80, a. 848; 1983, c. 28, s. 34.

849. (Repealed).

1965 (1st sess.), c. 80, a. 849; 1983, c. 28, s. 34.

850. (Repealed).

1965 (1st sess.), c. 80, a. 850; 1982, c. 32, s. 51; 1983, c. 28, s. 35; 1989, c. 41, s. 4.