Tuesday, January 12, 2016

Quebec's New Code of Civil Procedure in Force Since January 1st

Quebec's new Code of Civil Procedure came into force at the beginning of the year.

The Quebec Ministry of Justice website has posted material explaining the main highlights of the changes:
"The new Code of Civil Procedure is intended to make the civil justice system more accessible, while protecting the rights of all parties to state their claims before a court.
To reduce delays in the justice system, the new Code gives priority to amicable dispute resolution processes such as mediation, arbitration and conciliation, which are less confrontational, more accessible and more likely to ensure a quick outcome."

"Parties that opt for a traditional trial in court must ensure that all their applications, pleadings and evidence are proportionate to the nature and complexity of the case, in order to prevent abuses of procedure."

"Judges will have greater powers to manage cases, in particular to ensure compliance with the principles of proportionality and cooperation at the heart of the new Code of Civil Procedure. For example, they will be able to reduce the number of examinations and expert opinions required; both these elements have often been identified as causing significant costs or delays for citizens."

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posted by Michel-Adrien at 8:49 pm


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