TITLE III RULES APPLICABLE TO ALL ACTIONS

CHAPTER I

ACTIONS, PARTIES TO ACTIONS AND ATTORNEYS

55. Whoever brings an action at law, whether for the enforcement of a right which is not recognized or is jeopardized or denied, or otherwise to obtain a pronouncement upon the existence of a legal situation, must have a sufficient interest therein.

1965 (1st sess.), c. 80, a. 55.

56. A person must be able to fully exercise his rights to be a party to an action in whatever form it may be, saving contrary provisions of law.

A person who is not able to fully exercise his rights must be represented, assisted or authorized, in the manner provided by the laws which govern his status and capacity or by this Code.

The irregularity resulting from failure to be represented, assisted or authorized has no effect unless it is not remedied, and this may be done retroactively at any stage of a case, even in appeal.

1965 (1st sess.), c. 80, a. 56; 1982, c. 17, s. 7; 1992, c. 57, s. 189.

57. Any person or corporation domiciled outside Quebec, who is authorized by the law of his domicile to appear in judicial proceedings, may do so before the courts of Quebec.

1965 (1st sess.), c. 80, a. 57.

58. Any person who, under the law of a foreign country, is empowered to represent a person who died or made his will there and left property in Quebec, may be a party in that capacity to proceedings before any court of Quebec.

1965 (1st sess.), c. 80, a. 58.

59. A person cannot use the name of another to plead, except the State through authorized representatives.

Nevertheless, when several persons have a common interest in a dispute, any one of them may appear in judicial proceedings on behalf of them all, if he holds their mandate. The power of attorney must be filed in the office of the court with the first pleading; thereafter the mandate cannot be revoked except with leave of the court and is not affected by the death or change of status of the mandators.

Tutors, curators and others representing persons who are not able to fully exercise their rights, plead in their own name in their respective capacities. This also applies to an administrator of the property of others in respect of anything connected with his administration and to a mandatary in the performance of a mandate given by a person of full age in anticipation of his incapacity to take care of himself or administer his property.

1965 (1st sess.), c. 80, a. 59; 1992, c. 57, s. 190.

60. Where all or some of the directors of an association within the meaning of the Civil Code are party to legal proceedings in their capacity as directors, they may do so under their own name or under the name which the association has given itself or the name by which it is known.

However, an association of employees must, to institute legal proceedings, deposit at the office of the court, with the proceeding introductive of suit, a certificate of the Commission des relations du travail under the Labour Code (chapter C-27) attesting that it is an association of employees within the meaning of the Labour Code.

1965 (1st sess.), c. 80, a. 60; 1969, c. 48, s. 44; 1977, c. 41, s. 1; 1992, c. 57, s. 191; 2001, c. 26, s. 92.

61. No one is required to be represented by attorney before the courts, except:

(a) legal persons;

(b) the Public Curator;

(c) trustees, guardians, liquidators, receivers and other representatives of collective interests, when they act in that capacity;

(d) collection agents and purchasers of accounts, concerning the accounts which they are charged with recovering or which they have purchased;

(e) general or limited partnerships and associations within the meaning of the Civil Code, unless all the partners or members act themselves or mandate one of their number to act;

(f) persons acting on behalf of others under article 59.

Nevertheless, the claim of a legal person, general or limited partnership or association within the meaning of the Civil Code, to participate in a distribution of funds derived from the sale of the property of a debtor or from the seizure or voluntary deposit of his salary, wages or earnings, may be made by any attorney under a general or special power.

1965 (1st sess.), c. 80, a. 61; 1966, c. 21, s. 4; 1992, c. 57, s. 192.

62. The right to act as attorney before the courts is reserved exclusively to advocates, except in the cases set forth in paragraph 7 of section 15 of the Notaries Act (chapter N-3).

1965 (1st sess.), c. 80, a. 62; 2000, c. 44, s. 99.

63. The party who has appeared by attorney but has since left Quebec or has no known domicile, residence or business establishment therein, is deemed to have elected domicile at the office of his attorney, and any service which need not be made personally can be made upon him at the office of his attorney, provided that the bailiff certifies, that though he has searched he has been unable to find him and does not know if he has any domicile, residence or business establishment in Quebec.

However, in the case of a motion to cease representing, service upon such party may be made at the office of the court of the district where the proceedings are held.

1965 (1st sess.), c. 80, a. 63; 1972, c. 70, s. 3; 1975, c. 83, s. 8; 1999, c. 40, s. 56.

64. Advocates must elect domicile within a radius of 5 km from the court house where they practise, and have such election registered at the office of the court, failing which they are deemed to have elected domicile at the office of the court, where all services upon them may be validly made.

1965 (1st sess.), c. 80, a. 64; 1984, c. 47, s. 213.

65. A plaintiff or plaintiff-appellant who does not reside in Quebec must give security for the costs which may be incurred in consequence of his suit. The same applies to a person who acts on behalf of another under the second paragraph of article 59 if neither he nor any of his mandators resides in Quebec.

1965 (1st sess.), c. 80, a. 65; 2002, c. 7, s. 8.

CHAPTER II

JOINDER OF CAUSES OF ACTION AND OF PARTIES

66. Several causes of action may be joined in the same suit, provided that the recourses exercised are not incompatible or contradictory, that they seek condemnations of a like nature, that their joinder is not expressly prohibited and that they are susceptible of the same mode of trial.

A creditor cannot divide a debt that is due, for the purpose of suing for the several portions of it by different actions.

1965 (1st sess.), c. 80, a. 66.

67. Two or more persons, whose claims have the same juridical basis or raise the same points of law and fact, may join in the same suit. The suit must be instituted before the Court of Quebec, if that court has jurisdiction in each of the claims; otherwise it must be instituted before the Superior Court.

At any time before the hearing, the court may order that claims joined in virtue of this article be disjoined, if it is of opinion that the interests of justice will thus be better served.

Unless the court orders otherwise, unsuccessful co-plaintiffs are jointly and severally liable for the costs.

1965 (1st sess.), c. 80, a. 67; 1988, c. 21, s. 66.

CHAPTER III

PLACE OF INSTITUTING ACTIONS

68. Subject to the provisions of this Chapter and the provisions of Book X of the Civil Code, and notwithstanding any agreement to the contrary, a purely personal action may be instituted:

(1) Before the court of the defendant\'s real domicile or, in the cases contemplated by article 83 of the Civil Code, before that of his elected domicile.

If the defendant has no domicile in Quebec but resides or possesses property therein, he may be sued before the court of his ordinary residence, before the court of the place where such property is situated, or before the court of the place where the action is personally served upon him;

(2) Before the court of the place where the whole cause of action has arisen; or, in an action for libel published in a newspaper, before the court of the district where the plaintiff resides if the newspaper has circulated therein;

(3) Before the court of the place where the contract which gives rise to the action was made.

A contract giving rise to an obligation to deliver, negotiated through a third party who was not the representative of the creditor of such obligation, is deemed to have been made at the place where the latter gave his consent.

1965 (1st sess.), c. 80, a. 68; 1992, c. 57, s. 193.

69. Notwithstanding any agreement to the contrary, an action based upon a contract of insurance and taken against the insurer may in all cases be instituted before the court of the domicile of the insured; in the case of insurance of property, it may also be instituted before the court of the place where the loss occurred.

1965 (1st sess.), c. 80, a. 69.

70. Applications in family cases are taken before the court of the common domicile of the parties or, failing such a domicile, the domicile of either of the parties.

However, oppositions to a marriage or a civil union and applications for authorization for a minor or a person of full age under tutorship or provided with an adviser to make matrimonial or civil union agreements are taken before the court of the place where the marriage or civil union is to be solemnized or of the domicile of the minor or the person of full age.

Lastly, applications in adoption cases are taken before the court of the domicile of the child or the plaintiff or, if the adopters consent, before the court where the director of youth protection who was the last to have charge of the child exercises his functions.

1965 (1st sess.), c. 80, a. 70; 1982, c. 17, s. 8; 1989, c. 54, s. 131; 1992, c. 57, s. 194; 2002, c. 6, s. 91.

70.1. In family cases, if the parties no longer live in the district where the judgment was rendered, applications for review of accessory measures may be brought before the court of the domicile of either of the parties.

1982, c. 17, s. 8.

70.2. Applications with respect to integrity, emancipation, tutorship to minors or protective supervision of persons of full age are taken before the court of the domicile or residence of the minor or of the person of full age.

Applications concerning the integrity of a person kept by an institution governed by the Acts respecting health services and social services may be taken before the court of the place in which that person is kept.

1989, c. 54, s. 132; 1992, c. 21, s. 126; 1992, c. 57, s. 195.

71. The incidental action in warranty must be taken before the court in which the principal action is pending.

1965 (1st sess.), c. 80, a. 71.

71.1. An application for additional damages for bodily injury that could not be determined at the time of the judgment forms part of the original record and must be presented in the district where the principal action was heard.

1992, c. 57, s. 196.

72. In personal matters, a plaintiff who has joined several causes of action which did not all arise in the same district may bring his action before any court which has jurisdiction over any one of them.

1965 (1st sess.), c. 80, a. 72.

73. A real action or a mixed action may be taken either before the court of the domicile of the defendant or before the court of the district where the property in dispute is situated in whole or in part.

1965 (1st sess.), c. 80, a. 73.

74. In matters of succession, action is instituted before the court of the place where the succession devolved if it opened in Quebec; otherwise, before that of the place where the property is situated, or of the domicile of the defendant or any of the defendants.

Judicial proceedings in which the liquidator of a succession is interested may be instituted before the court of his domicile.

1965 (1st sess.), c. 80, a. 74; 1992, c. 57, s. 197.

75. An action against several defendants domiciled in different districts, if it is a personal or mixed action, may be instituted in the court before which any of them may be summoned; but if it is a real action, it must be instituted in the court of the place where the object of the dispute is situated.

1965 (1st sess.), c. 80, a. 75.

75.0.1. In exceptional cases and in the interest of the parties, the chief judge or chief justice or the judge designated by the chief judge or chief justice may, at any stage of a proceeding, order that a trial be held or an application relating to the execution of a judgment be heard in another district.

2002, c. 7, s. 9.

CHAPTER III.1

Repealed, 2009, c. 12, s. 3.

75.1. (Repealed).

1984, c. 26, s. 4; 2009, c. 12, s. 3.

75.2. (Repealed).

1993, c. 72, s. 2; 2009, c. 12, s. 3.

CHAPTER IV

GENERAL RULES CONCERNING WRITTEN PLEADINGS

76. In their written pleadings, the parties must state the facts that they intend to invoke and the conclusions that they seek.

Such statement must be frank, precise and brief; it shall be divided into paragraphs numbered consecutively, each paragraph referring so far as possible to one essential fact.

1965 (1st sess.), c. 80, a. 76.

77. Every fact of such a nature as to take the opposite party by surprise if not alleged, or to raise an issue not arising from the pleadings already filed, must be expressly pleaded.

1965 (1st sess.), c. 80, a. 77.

78. Failing provision to the contrary, any written proceeding of a party must be served upon the attorneys of the other parties, or upon the parties themselves if they have no attorney, otherwise it cannot be regularly filed; if it contains a demand which must be presented to a judge or to the court, it must be accompanied by a notice of the date of such presentation, and the service must have been made at least one clear juridical day before such date, except in a case of urgency when the judge may allow a shorter time.

Every party filing a written proceeding must mention his address therein.

1965 (1st sess.), c. 80, a. 78; 1972, c. 70, s. 4; 1999, c. 40, s. 56.

79. If the copy served of a written proceeding is not a true copy of the original, the party who served it may serve a new copy with or without the permission of the court, according to whether the adverse party has already replied or not.

1965 (1st sess.), c. 80, a. 79.

80. (Repealed).

1965 (1st sess.), c. 80, a. 80; 1994, c. 28, s. 2.

81. (Repealed).

1965 (1st sess.), c. 80, a. 81; 1994, c. 28, s. 2.

82. (Repealed).

1965 (1st sess.), c. 80, a. 82; 1994, c. 28, s. 2.

82.1. A party or his attorney may send a written proceeding, an exhibit or any other document to a bailiff, an advocate or a notary by fax machine. The correspondent chosen prepares copies of the facsimile of the document and an attestation of their authenticity; the copies are presumed to be originals for the purposes of notification, service, filing at the office of the court or evidence. The signature of the advocate, notary or court bailiff is sufficient to certify the authenticity of the document.

The attestation of authenticity must specify that the copies are true to the facsimile received by fax machine and must state the nature of the document, the number of the court, the name of the sender and the fax number of the transmitting fax machine as well as the place, date and time of transmission.

A party who sends a written proceeding, an exhibit or any other document by fax machine must let another party take cognizance of the original at any time after the receipt of a written request to that effect. If the sender refuses or neglects to do so, the other party may, by motion, apply to the judge or the court to order the sender to produce the original within a specified time.

1993, c. 72, s. 3; 2002, c. 7, s. 10.

83. Prior to the end of the proceedings, filed exhibits cannot be taken out of the record, except with the consent of the opposite party or the authorization of the clerk, and upon giving a receipt; the parties may, however, obtain copies from the clerk.

1965 (1st sess.), c. 80, a. 83; 1992, c. 57, s. 420; 1994, c. 28, s. 3.

84. A person who retains an exhibit notwithstanding an order of the judge is guilty of contempt of court.

1965 (1st sess.), c. 80, a. 84.

85. A party who replies in writing to a proceeding must admit the allegations thereof that he knows to be true; he cannot merely deny those which he does not admit but must allege affirmatively all the facts upon which he relies to oppose the conclusions taken against him.

1965 (1st sess.), c. 80, a. 85.

86. Except where otherwise provided, the silence of a party in respect of a fact alleged by the opposite party must not be interpreted as an admission of the truth of such fact.

1965 (1st sess.), c. 80, a. 86.

87. To repeat a fact already alleged, it is sufficient merely to refer to the paragraph where it is set forth.

1965 (1st sess.), c. 80, a. 87.

88. Unless expressly otherwise provided, any demand in a suit is made by motion to the court, or to a judge if the court is not sitting or in cases of urgency.

The motion must be supported by an affidavit attesting the truth of all facts the proof of which is not already in the record, and it can only be contested orally, unless the court allows written contestation within the time and on the conditions it determines.

During the hearing of the demand, any party may submit relevant evidence.

1965 (1st sess.), c. 80, a. 88; 1992, c. 57, s. 198.

89. The following must be expressly alleged and supported by affidavit:

(1) the contestation of a signature or of a material part of any private writing, or of the fulfilment of the formalities required for the validity of a writing;

(2) the pretension of the heirs or legal representatives of the signatory of a document contemplated in paragraph 1, that they do not know the handwriting or signature of the person whom they represent;

(3) the contestation of a semi-authentic act;

(4) the contestation of a technology-based document on the ground of a violation of integrity ; in such a case the affidavit must state precisely the facts and reasons suggesting a probable violation of the document\'s integrity.

Failing such affidavit, the writings are held to be admitted or the formalities to have been fulfilled, as the case may be.

1965 (1st sess.), c. 80, a. 89; 1992, c. 57, s. 199; 2001, c. 32, s. 90.

90. If the document contested is a semi-authentic act, and a copy only has been filed in the record, the party wishing to make use thereof must prove its authenticity and, for that purpose, may obtain from the judge an order enjoining the person who has charge of the original to deliver it to the clerk, who must furnish him, at the expense of the contesting party, with a certified copy.

1965 (1st sess.), c. 80, a. 90; 1992, c. 57, s. 200, s. 420.

91. Every affidavit must be divided into paragraphs numbered consecutively, and be in the first person.

The names, occupation and exact address of the deponent must be inserted therein.

The date when and the place where it was sworn must be inserted in the jurat.

1965 (1st sess.), c. 80, a. 91.

92. Whenever, in virtue of some provision of this Code, an affidavit is required in support of any proceeding, it must be made by the party himself or by a representative or agent acquainted with the facts.

1965 (1st sess.), c. 80, a. 92.

93. When a party has filed an affidavit required by any provision of this Code or of the rules of practice, any other party may summon the deponent to be examined before the judge or the clerk upon the truth of the facts sworn to in the affidavit.

Failure to submit to such examination entails the dismissal of the affidavit and of the proceeding which it supported.

1965 (1st sess.), c. 80, a. 93; 1992, c. 57, s. 420.

93.1. Where a provision of this Code requires that the parties\' proof be adduced by means of affidavits sufficiently detailed to establish all the facts necessary to support their pretensions, such affidavits may contain only relevant evidence that the affiant may swear to and that has not already been alleged and sworn to in the motion and the accompanying affidavit.

1996, c. 5, s. 4.

CHAPTER V

PROCEEDINGS CONCERNING THE STATE

94. Any person having a recourse to exercise against the government may exercise it in the same manner as if it were a recourse against a person of full age and capacity, subject only to the provisions of this chapter.

1965 (1st sess.), c. 80, a. 94; 1966, c. 21, s. 5; 1992, c. 57, s. 202.

94.1. No recourse which can be exercised against a State body or any other legal person established in the public interest may be exercised against the government.

1966, c. 21, s. 5; 1992, c. 57, s. 203.

94.2. No extraordinary recourse or provisional remedy lies against the government.

1966, c. 21, s. 5; 1992, c. 57, s. 204.

94.3. Proceedings against the government are directed against the Attorney General of Quebec.

1966, c. 21, s. 5; 1992, c. 57, s. 205.

94.4. Service upon the Attorney General is made at the office of the Director General of the legal department at Montreal or at Quebec, by speaking to any person in charge of that office.

The return of service must mention in particular the name of the person with whom the copy of the proceeding was left.

1966, c. 21, s. 5; 1975, c. 83, s. 9; 1977, c. 5, s. 14; 1985, c. 29, s. 5.

94.5. (Repealed).

1966, c. 21, s. 5; 1992, c. 57, s. 206; 1996, c. 5, s. 5; 2002, c. 7, s. 11.

94.6. No case may be inscribed for judgment by default against the Attorney General before the lapse of 30 days after the expiry of the time fixed to appear.

1966, c. 21, s. 5; 1992, c. 57, s. 207; 2002, c. 7, s. 12.

94.7. Notice of inscription for judgment or for proof and hearing must be given to the Attorney General, when in default to appear or to plead, at least 15 days prior to the date when such inscription is to be proceeded upon.

1966, c. 21, s. 5; 1992, c. 57, s. 208.

94.8. (Repealed).

1966, c. 21, s. 5; 1992, c. 57, s. 209; 2002, c. 7, s. 13.

94.9. Articles 543 to 553 and 568 to 732 shall not apply to judgments rendered against the Attorney General.

1966, c. 21, s. 5; 1992, c. 57, s. 210.

94.10. Whenever the Attorney General is condemned, by a judgment that has become definitive, to pay a sum of money, the Minister of Finance, after having received a certified copy of such judgment, shall pay the amount due out of the moneys at his disposal for such purpose or, failing such, out of the consolidated revenue fund.

1966, c. 21, s. 5; 1992, c. 57, s. 211.

95. Unless the Attorney General has previously received a notice in accordance with this section, no provision of a statute of Quebec or Canada, of a regulation made thereunder, of an order, of an order in council or of a proclamation of the Lieutenant-Governor, the Governor General, the Gouvernement du Quebec or the Governor General in Council may be declared inapplicable constitutionally, invalid or inoperative or of no force or effect, including in respect of the Canadian Charter of Rights and Freedoms (Part I of Schedule B to the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom) or the Charter of human rights and freedoms (chapter C-12), by a court in Quebec.

Such notice is also required when a person sues the State or the Public Administration for compensation for a violation or negation of the person\'s fundamental rights and freedoms under the Charter of human rights and freedoms or the Canadian charter of rights and freedoms.

The notice shall set forth, in a precise manner, the nature of the pretensions and the grounds relied upon. It is to be accompanied with a copy of the proceedings and served by the person who intends to raise the question not later than 30 days before the date of the hearing. Only the Attorney General may waive such notice.

No application may be determined by the court unless the notice has been validly given, and the court shall adjudicate only upon the grounds set forth in the notice.

The notices referred to in this article are also served on the Attorney General of Canada when the provision concerned comes under federal jurisdiction. They are also served on the Director of Criminal and Penal Prosecutions when the provision relates to a criminal or penal matter.

1965 (1st sess.), c. 80, a. 95; 1985, c. 29, s. 6; 2005, c. 34, s. 43.

95.1. In criminal or penal matters, the notice referred to in the second paragraph of article 95 is not required when the compensation sought relates to the disclosure or exclusion of evidence or the period of time elapsed since the accusation, or in the cases determined by order of the Minister of Justice published in the Gazette officielle du Quebec.

In all other cases, the notice must be served at least 10 days before the date the application for compensation is heard. Otherwise, the court orders the notice to be served and postpones the hearing, unless the Attorney General waives such notice or shortens the period of notice because the court judges it necessary to prevent irreparable harm to the person applying for compensation or a third party.

2005, c. 34, s. 44.

96. A party cannot raise the question of navigability or floatability of a lake or watercourse or the question of the right of ownership of its bed or banks, unless he has advised the Attorney General of his intention at least 10 days before the day fixed for proof, or, if no proof is required, before the day fixed for hearing.

The notice shall state the question and the grounds relied upon and must be accompanied by a copy of the proceedings filed in the record.

1965 (1st sess.), c. 80, a. 96.

97. A judge, ex officio or on application, may order any demand concerning the application of a provision of public order to be served on the Attorney General of Quebec. The suit is thereupon suspended until the expiry of 10 days from the date of service.

A judge, ex officio, may also order any application questioning the integrity of a person of full age unable to consent to care who is not represented by a tutor, curator or mandatary to be served upon the Public Curator. In such case, the suit is suspended until the expiry of 5 days from the date of the service.

1965 (1st sess.), c. 80, a. 97; 1969, c. 79, s. 3; 1979, c. 37, s. 10; 1989, c. 54, s. 133; 1992, c. 57, s. 212.

98. After service of the notice provided for in article 95 or 96 or at any time in the case of a demand contemplated in article 97, the Attorney General may intervene in the case and file written conclusions upon which the court must adjudicate.

In the cases contemplated in articles 95 and 96, the clerk transmits a copy of the judgment to the Attorney General without delay. In the cases contemplated in article 97, he does so if the judge has ordered the proceeding which contains the demand served upon the Attorney General or if the latter has intervened in the case.

1965 (1st sess.), c. 80, a. 98; 1979, c. 37, s. 11; 1992, c. 57, s. 213, s. 420.

99. In any action relating to the application of a provision of public order, the Attorney General may ex officio and without notice take part in the proof and hearing as if he were a party thereto.

1965 (1st sess.), c. 80, a. 99.

100. No extraordinary recourse or provisional remedy lies against a minister of the government or any person acting upon his instructions to force him to act or to refrain from acting in a matter which relates to the carrying out of his duties or to the exercise of any authority conferred upon him by any law of Quebec.

1965 (1st sess.), c. 80, a. 100; 1966, c. 21, s. 6; 1977, c. 5, s. 14; 1992, c. 57, s. 214; 1999, c. 40, s. 56.

101. (Repealed).

1965 (1st sess.), c. 80, a. 101; 1972, c. 14, s. 91.

102. (Repealed).

1965 (1st sess.), c. 80, a. 102; 1972, c. 14, s. 91.

103. (Repealed).

1965 (1st sess.), c. 80, a. 103; 1972, c. 14, s. 91.

104. (Repealed).

1965 (1st sess.), c. 80, a. 104; 1969, c. 80, s. 3; 1972, c. 14, s. 91.

105. (Repealed).

1965 (1st sess.), c. 80, a. 105; 1972, c. 14, s. 91.

106. (Repealed).

1965 (1st sess.), c. 80, a. 106; 1972, c. 14, s. 91.

107. (Repealed).

1965 (1st sess.), c. 80, a. 107; 1972, c. 14, s. 91.

108. (Repealed).

1965 (1st sess.), c. 80, a. 108; 1972, c. 14, s. 91.

109. (Repealed).

1965 (1st sess.), c. 80, a. 109; 1972, c. 14, s. 91.