C-25.01 - Code of Civil Procedure

Section 10 Disposition versions

2016-01-01

10. The courts cannot seize themselves of a matter; it is up to the parties to commence a proceeding and determine its subject matter.

The courts cannot adjudicate beyond what is sought by the parties. If necessary, they may correct any improper term in the conclusions set out in a written pleading in order to give them their proper characterization in light of the allegations in the pleading.

The courts are not required to decide theoretical questions or to adjudicate where a judgment would not put an end to the uncertainty or the controversy, but they cannot refuse to adjudicate under the pretext that the law is silent, obscure or insufficient.

2014, c. 1, a. 10.