146. The summons must be in keeping with the model established by the Minister of Justice.
It states, among other things, that the defendant must co-operate with the plaintiff in preparing the case protocol that is to govern the conduct of the proceeding; it also specifies the sanction to which the defendant is subject for failing to submit an answer to the application within 15 days after its service.
The summons also sets out the options available to the defendant in answering the summons.
It informs the defendant that, if article 43 applies, the defendant may ask for the referral of the originating application to the court having territorial jurisdiction by applying to the special clerk in the district concerned after notifying the request to the other parties and the office of the court already seized of the originating application.
Last, it informs the defendant of the defendant’s right to contact the court office to request that the application be processed according to the rules of Title II of Book VI relating to the recovery of small claims, provided the defendant would qualify to act as plaintiff under those rules. It further states that if the defendant requests that the application be so processed, the plaintiff’s legal costs will not exceed those prescribed for the recovery of such claims.
2014, c. 1, a. 146; I.N. 2016-12-01.