TITLE VII JUDGMENT

CHAPTER I

ACQUIESCENCE IN A DEMAND

457. Except in actions for separation from bed and board, marriage annulment or divorce or for the dissolution or annulment of a civil union or actions relating to filiation, the defendant may, at any stage of the proceedings, file in the office of the court an acquiescence in the whole or any part of the demand.

1965 (1st sess.), c. 80, a. 457; 1982, c. 17, s. 19; 2002, c. 6, s. 100.

458. Acquiescence must be in writing and signed by the defendant or by his attorney, who must annex thereto the special power of attorney he holds for that purpose.

If the defendant appears at the office of the court to have his acquiescence taken down in writing, and is unknown to the clerk, the latter must require him to produce a copy of the summons, the counter-signature of his attorney, or some other satisfactory proof of his identity.

1965 (1st sess.), c. 80, a. 458; 1982, c. 17, s. 20; 1992, c. 57, s. 420.

459. If acquiescence is unconditional in the whole of the demand, the clerk renders judgment immediately on inscription by one of the parties.

1965 (1st sess.), c. 80, a. 459; 1982, c. 17, s. 21; 1992, c. 57, s. 420.

460. If acquiescence is not unconditional in the whole of the demand, the plaintiff must, within 15 days after the service of the acquiescence upon him, give notice to the defendant of his acceptance or refusal.

In case of acceptance, the clerk, upon inscription, renders judgment in conformity with the acquiescence.

In case of refusal, the case is proceeded with in the ordinary manner. However, the plaintiff, without waiting for the result of the trial, may obtain judgment for the amount mentioned in the acquiescence; the action is then proceeded with only for the balance. In all cases, if the court decides that the refusal was unjustified, it cannot award the plaintiff more costs than in case of acceptance.

A plaintiff who has not given notice either of acceptance or of refusal is deemed to have accepted; however, the court may relieve him of the consequences of his default, so long as judgment has not been rendered on the acquiescence.

1965 (1st sess.), c. 80, a. 460; 1982, c. 17, s. 22; 1992, c. 57, s. 420.

461. If there are several defendants, and one or some only file an acquiescence, the court may render judgment in conformity therewith, upon inscription served on all the parties; but if it is of opinion that the case requires a uniform decision for all the defendants, whether by reason of the object of the demand, or in order to avoid contradictory judgments, it does not render judgment immediately but orders that the action be decided by one judgment as against all the defendants.

1965 (1st sess.), c. 80, a. 461; 1982, c. 17, s. 23.

CHAPTER II

GENERAL RULES AS TO JUDGMENT

462. No action will be dismissed merely because it is intended to obtain a declaratory judgment; but the court may, if it is of opinion that the interest of the plaintiff is insufficient, or that a judgment will not put an end to the uncertainty or controversy which gave rise to the action, refuse to render judgment.

1965 (1st sess.), c. 80, a. 462.

463. A judge who has taken a case under advisement may, even of his own motion, by a judgment giving reasons, order the reopening of the hearing, for such purposes and upon such conditions as he may determine. The clerk must forthwith communicate such judgment to the chief justice and to the attorneys of the parties.

Any other order preventing judgment from being rendered must also give the reasons therefor and be communicated to the same persons.

1965 (1st sess.), c. 80, a. 463; 1992, c. 57, s. 420.

464. When a judge ceases to hold office, retires, becomes ill or unable to act, or dies, the chief justice may order that any case of which such judge was seized be continued and terminated by another judge or replaced on the roll to be heard again.

If the case was taken under advisement it is entrusted to another judge or replaced on the roll in accordance with the first paragraph, unless, where the judge seized of the case has retired or ceased to hold office, the chief justice requests the latter judge to render judgment within 90 days. Upon the expiry of that time, the chief justice proceeds in accordance with the first paragraph.

However, if a judge ceases to hold office because of an appointment to another court, the judge may, with the agreement of the chief judges or chief justices of the courts concerned, continue and terminate any case of which the judge was seized at the time of the appointment. Failing that, the procedure set out in the first two paragraphs is followed.

1965 (1st sess.), c. 80, a. 464; 1969, c. 81, s. 9; 1972, c. 70, s. 18; 1975, c. 83, s. 24; 1999, c. 40, s. 56; 2005, c. 26, s. 1.

465. A judgment on the merits must be rendered within six months after the case is taken under advisement, or within four months after the case is taken under advisement in a small claims matter. An interlocutory judgment, a judgment on the merits in an adoption matter or a judgment ruling on the custody of a child or the support to be paid for the benefit of a child must be rendered within two months after the case is taken under advisement and a judgment by default must be rendered within 30 days after the record is complete.

Where the judge seized of a case or matter fails to render a judgment within the time limit prescribed by the first paragraph, the chief justice or judge may, on his own initiative or on a motion by one of the parties, remove the case or matter from the judge and order that it be assigned to another judge or re-entered on the roll.

Before granting an extension or removing a case or matter from the judge who failed to render a judgment within the time prescribed, the chief justice or judge shall take account of the circumstances and of the interests of the parties.

The chief justice or judge or, at his request, the senior associate chief justice or judge shall exercise, personally, the powers and duties conferred on the chief justice or judge by this article.

In the first week of each month, the clerk must give to the chief justice or judge a list of the cases or matters in his district, of whatever nature they may be, which have been under advisement for five months or more and, in a small claims matter, for three months or more.

1965 (1st sess.), c. 80, a. 465; 1993, c. 30, s. 5; 1992, c. 57, s. 420; 2002, c. 7, s. 88.

466. The judge called upon to continue a case or matter assigned to him or to hear a case or matter re-entered on the roll pursuant to articles 464 and 465 may, with the consent of the parties, limit the proof to the transcription of the stenographic notes, provided that, where he considers the notes to be insufficient, he recalls a witness or requires any other proof.

He shall rule on the costs, including those relating to the original inquiry and hearing, according to circumstances, and may, in addition, take any other measure he considers fair and appropriate. Where, for the purposes of the first paragraph, the stenographic notes must be transcribed, the transcription costs shall be paid by the Government unless the judge orders otherwise, in particular, when the recourse is manifestly unfounded or frivolous and excessive or dilatory.

1965 (1st sess.), c. 80, a. 466; 1993, c. 30, s. 5; 1993, c. 72, s. 8.

467. The death of the parties or of their attorneys cannot delay judgment in a case which is under advisement.

1965 (1st sess.), c. 80, a. 467; 1975, c. 83, s. 25.

468. The court cannot adjudicate beyond the conclusions; however, it may correct incorrect terminology in the conclusions, in order to give to them their true designation in the light of the facts alleged.

1965 (1st sess.), c. 80, a. 468.

469. Every judgment involving a condemnation must be susceptible of execution.

1965 (1st sess.), c. 80, a. 469; 1992, c. 57, s. 278.

469.1. Where a judgment awarding damages for bodily injury reserves the right of the plaintiff to claim additional damages, the judgment specifies the matter to which the claim may pertain and the time within which the application may be made.

The judgment is executory, notwithstanding appeal, where the appeal pertains exclusively to the decision of the court to reserve the right of the plaintiff to claim additional damages or to the time allowed for the exercise of the remedy.

An appeal from the judgment on the original application for damages does not exempt the plaintiff from the obligation to file an application for additional damages, within the period of time fixed in the judgment.

1992, c. 57, s. 279.

470. A judgment in respect of movable or immovable real rights must contain a description of the property involved so as to permit the publication of the rights in the property, where applicable.

A judgment condemning a party to the restitution of fruits and revenues must order their liquidation, by experts if necessary; the party condemned is bound to produce all supporting documents.

1965 (1st sess.), c. 80, a. 470; 1992, c. 57, s. 280.

471. A judgment must be signed by the person who rendered it. However, in family cases, the clerk may sign the judgment rendered by a judge.

In contested suits where judgment is rendered after taking the case under advisement, it contains, in addition to the conclusions, a concise statement of the reasons on which the decision is based.

When a judge dies, is absent, is unable to act or retires after he has rendered judgment in open court and before he has signed such judgment, the chief justice of such court or a judge designated by him may sign such judgment.

1965 (1st sess.), c. 80, a. 471; 1972, c. 70, s. 19; 1977, c. 73, s. 15; 1982, c. 17, s. 24; 1989, c. 6, s. 2; 1992, c. 57, s. 420.

472. Judgments are rendered by being read out in open court, or by depositing the judgment in the office of the court on the date which it bears.

The conclusions of a judgment rendered in open court cannot be changed by the judgment deposited later.

1965 (1st sess.), c. 80, a. 472.

473. A judgment, unless it is in recognition of a hypothec against a defendant residing in Quebec, must be served on the losing party only if the judge who rendered it so orders, or if some provision of law so requires.

However, as soon as the original of the judgment in a contested matter which has been taken under advisement has been deposited in the office of the court, the clerk must, unless the rules of practice otherwise provide, notify the parties and their attorneys.

1965 (1st sess.), c. 80, a. 473; 1975, c. 83, s. 26; 1992, c. 57, s. 281, s. 420; 1995, c. 39, s. 1.

474. Every judgment must be entered without delay in the register of the court; the clerk retains the judgment and issues copies on demand.

In cases of difference between the judgment and the entry thereof in the register, the judgment is to be followed; and the court may, without any formality, order the necessary corrections.

1965 (1st sess.), c. 80, a. 474; 1992, c. 57, s. 420.

475. A judgment in which there is an error in writing or calculation or any other clerical error may be corrected by the judge or clerk who rendered it. A judgment which, by obvious inadvertence, has granted more than was demanded or has omitted to adjudicate upon part of the demand may also be so corrected.

Such correction may be made of the judge\'s or clerk\'s own motion so long as the execution has not been commenced; it may be made on motion of one of the parties at any time, unless the judgment has been appealed.

If the judge or clerk who rendered the judgment is no longer in office or is absent or unable to act, the motion must be made to the court.

The time limits for appeal from and for execution of a corrected judgment only run from the date of the correction, if it affects the conclusions.

1965 (1st sess.), c. 80, a. 475; 1983, c. 28, s. 17; 1984, c. 26, s. 19; 1992, c. 57, s. 420; 1999, c. 40, s. 56.

476. A party may renounce rights arising from a judgment rendered in his favour, by filing in the office of the court a total or partial renunciation signed by him or by his special attorney. A total renunciation accepted by the opposite party places the case in the position it was in immediately before the judgment.

1965 (1st sess.), c. 80, a. 476.

CHAPTER III

COSTS

477. The losing party must pay all costs, including the costs of the stenographer, unless by decision giving reasons the court reduces or compensates them, or orders otherwise.

As well, the court may, by a decision giving reasons, reduce the costs relating to experts\' appraisals requested by the parties, particularly if, in the opinion of the court, there was no need for the appraisal, the costs are unreasonable or a single expert\'s appraisal would have been sufficient.

In a personal action, and subject to article 988, the amount of the costs of suit, except costs of execution, that the defendant who loses may be required to pay shall not exceed the amount of the condemnation, if that is not greater than the amount contemplated in paragraph a of article 953, unless the court, by judgment giving reasons, orders otherwise.

1965 (1st sess.), c. 80, a. 477; 1975, c. 83, s. 27; 1977, c. 73, s. 16; 1983, c. 28, s. 18; 1995, c. 39, s. 2; 2002, c. 7, s. 89.

478. Any person administering the property of another, who abuses his powers by carrying on proceedings which are clearly unfounded, may be condemned personally to costs, without being entitled to reimbursement.

1965 (1st sess.), c. 80, a. 478.

478.1. The costs of joint actions are shared equally by the parties, unless they have agreed to the contrary or the court, by judgment giving reasons, orders otherwise.

Similarly, costs resulting from the decision of the court to allow a child to be represented by an attorney in family proceedings are shared equally by the parties, unless the court, by judgment giving reasons, orders otherwise.

In any proceedings other than family proceedings, the costs relating to the representation by an attorney of a minor, or a person of full age it considers incapable are awarded by the court according to the circumstances.

1982, c. 17, s. 25; 1992, c. 57, s. 283.

479. Every condemnation to costs involves, by operation of law, distraction in favour of the attorney of the party to whom they are awarded. Nevertheless the party himself may execute for the costs if the consent of his attorney appears on the writ of execution.

1965 (1st sess.), c. 80, a. 479; 1981, c. 14, s. 13.

480. The party entitled to costs prepares a bill thereof in accordance with the tariffs in force, and has it served upon the party who owes the costs, if the latter has appeared, with a notice of at least five days of the date when it will be presented for taxation to the clerk; the latter may require proof to be made by affidavit or by witnesses.

The taxation may be revised by the judge within 30 days, upon motion served on the opposite party. The judgment thus rendered is final and subject to appeal in accordance with the rules provided in article 26.

However, saving the debtor\'s contingent right to recover, the motion for revision or the appeal from the judgment on that motion does not suspend execution unless the amount of the factum as taxed or as revised exceeds $10,000, in which case the execution is suspended in respect of the excess.

1965 (1st sess.), c. 80, a. 480; 1982, c. 32, s. 34; 1992, c. 57, s. 420.

481. Costs bear interest from the date of the judgment granting them.

1965 (1st sess.), c. 80, a. 481.