TITLE VI DECISION UPON A QUESTION OF LAW: DECLARATORY JUDGMENT ON MOTION
CHAPTER I
DECISION UPON A QUESTION OF LAW
448. Persons who are at variance upon a question of law which may give rise to an action between them, but who are in agreement as to the facts, may submit the dispute to the court for decision.
The parties must file a joint motion to institute proceedings at the office of the court, stating the question at issue and the facts which give rise to it, and their respective conclusions. The parties must file a draft timetable agreement with the motion.1965 (1st sess.), c. 80, a. 448; 1982, c. 17, s. 17; 1992, c. 57, s. 276; 1996, c. 5, s. 36; 2002, c. 7, s. 81.
449. (Repealed).
1965 (1st sess.), c. 80, a. 449; 1996, c. 5, s. 37; 2002, c. 7, s. 82.
450. (Repealed).
1965 (1st sess.), c. 80, a. 450; 1996, c. 5, s. 38; 2002, c. 7, s. 83.
451. A judgment rendered under this chapter has the same effects and is subject to the same remedies as any other final judgment.
1965 (1st sess.), c. 80, a. 451; 1996, c. 5, s. 39.
452. The parties to an action may, at any stage of the case, submit for the decision of the court any question of law resulting from the action, by means of a joint motion pursuant to article 88.
1965 (1st sess.), c. 80, a. 452; 2002, c. 7, s. 84.
CHAPTER II
DECLARATORY JUDGMENT ON MOTION
453. Any person who has in interest in having determined, for the resolution of a genuine problem, either his or her status or any right, power or obligation the person may have under a contract, a will or any other written instrument, a statute, an order in council, or a by-law or resolution of a municipality, may, by way of a motion to institute proceedings, ask for a declaratory judgment in that regard.
1965 (1st sess.), c. 80, a. 453; 1992, c. 57, s. 277; 2002, c. 7, s. 85.
454. The motion must state the matter in dispute and be served on the other parties and on all interested persons.
1965 (1st sess.), c. 80, a. 454; 2002, c. 7, s. 86.
455. (Repealed).
1965 (1st sess.), c. 80, a. 455; 2002, c. 7, s. 87.
456. A declaratory judgment rendered in accordance with this chapter has the same effect and is subject to the same recourses as any other final judgment.
1965 (1st sess.), c. 80, a. 456; 1969, c. 80, s. 8.