C-25.01 - Code of Civil Procedure

Section 345 Disposition versions

2022-11-01

345. A judgment may, on a party’s application, be revoked by the court that rendered it if letting the judgment stand would tend to bring the administration of justice into disrepute. The judgment may be revoked, for instance, if fraud was committed by another party, if the judgment was based on false exhibits or if the production of decisive exhibits was prevented by superior force or by the act or omission of another party.

As well, a judgment may be revoked if

(1)  the judgment adjudicated beyond the conclusions set out in the application or did not rule on one of them;

(2)  no valid defence was produced in support of the rights of a minor or of a person of full age under tutorship or for whom a protection mandate has been homologated;

(3)  a ruling was made on the basis of invalid consent or following an unauthorized tender that was subsequently disavowed; or

(4)  evidence was subsequently discovered that would probably have led to a different judgment if the party concerned or its lawyer had become aware of that evidence in sufficient time, although they acted with due diligence.

2014, c. 1, a. 345; 2020, c. 11, s. 254.

2016-01-01

345. A judgment may, on a party’s application, be revoked by the court that rendered it if letting the judgment stand would tend to bring the administration of justice into disrepute. The judgment may be revoked, for instance, if fraud was committed by another party, if the judgment was based on false exhibits or if the production of decisive exhibits was prevented by superior force or by the act or omission of another party.

As well, a judgment may be revoked if

(1)  the judgment adjudicated beyond the conclusions set out in the application or did not rule on one of them;

(2)  no valid defence was produced in support of the rights of a minor or of a person of full age under tutorship or curatorship or for whom a protection mandate has been homologated;

(3)  a ruling was made on the basis of invalid consent or following an unauthorized tender that was subsequently disavowed; or

(4)  evidence was subsequently discovered that would probably have led to a different judgment if the party concerned or its lawyer had become aware of that evidence in sufficient time, although they acted with due diligence.

2014, c. 1, a. 345.