52. If a party summarily establishes that a judicial application or pleading may constitute an abuse of procedure, the onus is on the initiator of the application or pleading to show that it is not excessive or unreasonable and is justified in law.
An application before the trial must be notified to the other parties and filed with the court office at least 10 days before the date of presentation and is defended orally. However, the court may, on the face of the record, deny the application based on the grounds that it has no reasonable chance of success or is abusive.
An application during the trial is presented and defended orally.
If the application is defended orally, it is decided by the court on the face of the pleadings and exhibits in the record and the transcripts of any pre-trial examinations. No other evidence is presented, unless the court considers it necessary.
An application for a court ruling on the abusive nature of a pleading that operates to restrict another person’s freedom of expression in public debate must, in first instance, be dealt with as a matter of priority.
2014, c. 1, a. 52; 2020, c. 29, s. 13112020, c. 29, s. 1312.