EXTRACT

© Éditeur officiel du Québec
Updated to 1 December 2015
This document has official status. [Only when online by the government]

Chapter C-25, r. 11

Rules of Practice of the Superior Court of Québec in Civil Matters

Code of Civil Procedure
(chapter C-25, art. 47)

* May be cited in French as: “R.p.c.(C.S.)” or, if the context permits, “R.p.c.”, and in English, these Rules may be cited as “R.C.P.(S.C.)” or, if the context permits, “R.C.P.”.

R.R.Q., 1981, c. C-25, r. 8; Decision 2003-06-30, s. 1.

CHAPTER XV
QUARRELSOME CONDUCT

Decision 2003-06-30, s. 8.

84. Necessity to obtain prior authorization. If a person acts in a quarrelsome manner, that is if that person exercises litigious rights in an excessive or unreasonable manner, the Court may prohibit that person from instituting an action or an application without having first obtained prior judicial authorization.

Decision 2003-06-30, s. 8.

85. The order. The order of prohibition is general or is limited to one or more judicial districts, or with respect to one or more persons. In an extreme case, the order of prohibition may include an order preventing the person from having access to the courthouse.

Decision 2003-06-30, s. 8.

86. Application for authorization. The application to institute or to continue an action or application is presented to the Chief Justice or the Judge designated by the Chief Justice, and is filed in the Office of the Court for the District of Québec or the District of Montréal depending on the division in which the order of prohibition was issued. The application may be adjudicated on the basis of the record, without a hearing.

Decision 2003-06-30, s. 8.

87. Exhibits. The application to institute an action must be accompanied by the order of prohibition and the proceeding the applicant seeks to institute.

Decision 2003-06-30, s. 8.

88. Presentation. The Chief Justice or the Judge designated by the Chief Justice may refer the application to institute an action to the Court, in which case the applicant must serve it on the parties contemplated by the proposed proceeding, with a 10-day notice of presentation.

Decision 2003-06-30, s. 8.

89. Nullity. An unauthorized proceeding is deemed never to have existed. When informed of an order of prohibition, the Clerk must refuse the acceptance of an unauthorized proceeding, except for an application to institute or continue proceedings or an inscription in appeal.

Decision 2003-06-30, s. 8.

90. Public registry. The Ministère de la Justice du Québec maintains a public registry of the litigants subject to authorization.

The Clerk transmits to the Ministère a copy of all orders of prohibition filed at the Office of the Clerk for inscription in the public registry.

Decision 2003-06-30, s. 8; Decision 2004-08-31, s. 1; Decision 2014-06-13, s. 1.