C-25 - Code of Civil Procedure

Section 989 Disposition versions

2003-01-01

989. If a party against whom a judgment by default is rendered was unable to contest the action or attend the hearing owing to surprise, fraud or any other sufficient cause, the party may apply for the revocation of the judgment.

A party may also apply for the revocation of the judgment in any case described in article 483 that is not inconsistent with the provisions of this Book.

1971, c. 86, s. 1; 1982, c. 32, s. 56; 1984, c. 46, s. 13; 1986, c. 58, s. 19; 1988, c. 51, s. 109; 1992, c. 63, s. 11; 2002, c. 7, s. 148.

1999-04-01

989. The creditor of a small claim must deposit with the clerk or send with his motion the legal costs fixed by regulation of the Government.

If the institution of the action is refused, the sum sent or deposited with the motion is reimbursed to the creditor.

1971, c. 86, s. 1; 1982, c. 32, s. 56; 1984, c. 46, s. 13; 1986, c. 58, s. 19; 1988, c. 51, s. 109; 1992, c. 63, s. 11.

1989-08-01

989. To cover costs, the creditor of a small claim must deposit $15 with the clerk or send with his motion when the claim is $250 or less and $25 when the claims is more than $250.

Such deposit must be made before service of a copy of the motion.

A person who establishes that he receives benefits under a last resort assistance program provided for in the Act respecting income security (chapter S-3.1.1) is not required to make the deposit.

If the clerk refuses to accept the institution of the suit, the sum sent or deposited with the motion is reimbursed to the creditor.

1971, c. 86, s. 1; 1982, c. 32, s. 56; 1984, c. 46, s. 13; 1986, c. 58, s. 19; 1988, c. 51, s. 109.

1986-07-01

989. To cover costs, the creditor of a small claim must deposit $15 with the clerk or send with his motion when the claim is $250 or less and $25 when the claims is more than $250.

Such deposit must be made before service of a copy of the motion.

A person who establishes that he is a recipient of social aid under the Social Aid Act (chapter A-16) is not required to make the deposit.

If the clerk refuses to accept the institution of the suit, the sum sent or deposited with the motion is reimbursed to the creditor.

1971, c. 86, s. 1; 1982, c. 32, s. 56; 1984, c. 46, s. 13; 1986, c. 58, s. 19.

1985-04-01

989. To cover costs, the creditor of a small claim must deposit $10 with the clerk or send with his motion when the claim is $250 or less and $20 when the claims is more than $250.

Such deposit must be made before service of a copy of the motion.

A person who establishes that he is a recipient of social aid under the Social Aid Act (chapter A-16) is not required to make the deposit.

If the clerk refuses to accept the institution of the suit, the sum sent or deposited with the motion is reimbursed to the creditor.

1971, c. 86, s. 1; 1982, c. 32, s. 56; 1984, c. 46, s. 13.

1982-09-01

989. To cover costs, the creditor of a small claim must deposit $10 with the clerk when the claim is $250 or less and $20 when the claims is more than $250.

Such deposit must be made before service of a copy of the motion.

A person who establishes that he is a recipient of social aid under the Social Aid Act (chapter A-16) is not required to make the deposit.

1971, c. 86, s. 1; 1982, c. 32, s. 56.

1977-12-31

989. To cover costs, the creditor of a small claim must deposit five dollars with the clerk when the claim is one hundred dollars or less and ten dollars when the claim is more than one hundred dollars.

Such deposit must be made before service of a copy of the motion.

1971, c. 86, s. 1.