C-25.01 - Code of Civil Procedure

Section 544 Disposition versions

2016-01-01

544. The application must set out the facts on which it is based, the nature of the claim, the amount of the claim and interest and the conclusions sought, and include a list of the exhibits in support of the application. It must be supported by a statement by the plaintiff, which is deemed to be an affidavit, attesting that the facts alleged are true and that the amount claimed is due. The application must also state the plaintiff’s name and domicile or residence and, if applicable, those of the plaintiff’s mandatary, as well as the defendant’s name and domicile or last known place of residence. In addition, the application must specify whether the plaintiff might consider mediation.

If the plaintiff is a legal person, a partnership or an association or another group not endowed with juridical personality, the plaintiff’s statement must attest that a maximum of 10 persons bound to it by an employment contract were under its direction or control at any time during the 12-month period preceding the application.

The application may be filed with the office of the court nearest to the plaintiff’s domicile, residence or establishment. If applicable, the court clerk forwards it to the office of the court having territorial jurisdiction designated by the plaintiff.

2014, c. 1, a. 544.