C-25, r. 14 - Rules of the Court of Appeal of Québec in Civil Matters

Section 95 Disposition versions

2012-09-01

95. Quarrelsome conduct. 1) Where a person acts in a quarrelsome manner, that is to say exercises litigious rights in an excessive or unreasonable manner, the Court may, proprio motu or upon the motion of a party, declare the person to be a quarrelsome litigant and prohibit that person from filing any other proceeding in the Court without prior authorization of the Chief Justice or the judge the Chief Justice designates for this purpose.

(2)  In cases which admit of it, the order may prohibit access to the Court’s premises.

(3)  No person may be declared a quarrelsome litigant without being first afforded the opportunity to be heard by the Court as to why that person should not be so declared.

(4)  If the Court acts proprio motu against a party, the Clerk shall inform that party, by registered mail or any other appropriate means, with a copy to the other parties to the case, of the date when the Court will hear the affected party.

(5)  The application to file a proceeding must be accompanied by the prohibition order and the proceeding the applicant seeks to institute.

(6)  The Chief Justice or the judge the Chief Justice designates may refer the application to file a proceeding 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.

(7)  An unauthorized proceeding is deemed never to have existed. When informed of a prohibition order, the Clerk must refuse to accept an unauthorized proceeding, except for an application to file a proceeding mentioned above.

Decision 2006-04-17, s. 95.