C-25.01 - Code of Civil Procedure

Section 158 Disposition versions

2016-01-01

158. For case management purposes, at any stage of a proceeding, the court may decide, on its own initiative or on request, to

(1)  take measures to simplify or expedite the proceeding and shorten the trial by ruling, among other things, on the advisability of ordering the consolidation or separation of proceedings or the splitting of the proceeding, of better defining the issues in dispute, of amending the pleadings, of limiting the length of the trial, of admitting facts or documents, of authorizing affidavits in lieu of testimony or of determining the procedure and time limit for the disclosure of exhibits and other evidence between the parties, or by convening the parties to a case management conference or a settlement conference, or encouraging them to use mediation;

(2)  assess the purpose and usefulness of seeking expert opinion, whether joint or not, determine the mechanics of that process as well as the anticipated costs, and set a time limit for submission of the expert report; if the parties failed to agree on joint expert evidence, assess the merits of their reasons and impose joint expert evidence if it is necessary to do so to uphold the principle of proportionality and if, in light of the steps already taken, doing so is conducive to the efficient resolution of the dispute without, however, jeopardizing the parties’ right to assert their contentions;

(3)  determine terms for the conduct of pre-trial examinations, if such examinations are required, including their number and their length when it appears necessary to exceed the time prescribed by this Code;

(4)  order notification of the application to persons whose rights or interests may be affected by the judgment, or invite the parties to bring a third person in as an intervenor or to implead a third person if the court considers that that person’s participation is necessary in order to resolve the dispute and, in family or personal status or capacity matters, order the production of additional evidence;

(5)  rule on any special requests made by the parties, modify the case protocol or authorize or order provisional measures or safeguard measures as it considers appropriate;

(6)  determine whether the defence is to be oral or written;

(7)  extend the time limit for trial readiness; or

(8)  issue a safeguard order, effective for not more than six months.

2014, c. 1, a. 158.