C-25.01 - Code of Civil Procedure

Section 53 Disposition versions

2016-01-01

53. If there has been an abuse of procedure, the court may dismiss the judicial application or reject a pleading, strike out a conclusion or require that it be amended, terminate or refuse to allow an examination, or cancel a subpoena.

If there has been or if there appears to have been an abuse of procedure, the court, if it considers it appropriate, may do one or more of the following:

(1)  impose conditions on any further steps in the judicial application or on the pleading;

(2)  require undertakings from the party concerned with respect to the orderly conduct of the proceeding;

(3)  stay the proceeding for the period it determines;

(4)  recommend that the chief justice or chief judge order special case management; or

(5)  order the party that initiated the judicial application or presented the pleading to pay the other party, under pain of dismissal of the application or rejection of the pleading, a provision for costs, if the circumstances so warrant and if the court notes that, without such assistance, that other party’s financial situation would likely prevent it from effectively conducting its case.

2014, c. 1, a. 53.