E-25 - Act respecting expropriation

Section 52 Disposition versions

2023-12-29

52. A party may, before the decision on the application to determine the final indemnity is rendered, amend their detailed declaration or withdraw it if doing so does not delay the conduct of the proceeding or is not contrary to the interests of justice. The party must notify its amended detailed declaration to the other party or, as applicable, give notice of its intention to withdraw it. The latter has 10 days to notify a notice of objection. If there is an objection by the other party, the party intending to amend or withdraw its detailed declaration files its application before the Tribunal for a decision.

If the other party wishes to amend its detailed declaration as a result of the amendment or withdrawal referred to in the first paragraph, the time granted to do so is, if not already set out in the timetable for the proceeding, agreed on between the Tribunal and the parties or, failing an agreement between the parties, the time fixed by the Tribunal.

The Tribunal may, during the hearing and in the presence of the parties, authorize the amendment or withdrawal of a detailed declaration without the formalities prescribed in the first and second paragraphs. The Tribunal’s decision is recorded in the minutes of the hearing and, if applicable, the amended detailed declaration is filed in the record as soon as possible.

2023, c. 27, s. 52.

Not in force

In force: 2023-12-29

52. A party may, before the decision on the application to determine the final indemnity is rendered, amend their detailed declaration or withdraw it if doing so does not delay the conduct of the proceeding or is not contrary to the interests of justice. The party must notify its amended detailed declaration to the other party or, as applicable, give notice of its intention to withdraw it. The latter has 10 days to notify a notice of objection. If there is an objection by the other party, the party intending to amend or withdraw its detailed declaration files its application before the Tribunal for a decision.

If the other party wishes to amend its detailed declaration as a result of the amendment or withdrawal referred to in the first paragraph, the time granted to do so is, if not already set out in the timetable for the proceeding, agreed on between the Tribunal and the parties or, failing an agreement between the parties, the time fixed by the Tribunal.

The Tribunal may, during the hearing and in the presence of the parties, authorize the amendment or withdrawal of a detailed declaration without the formalities prescribed in the first and second paragraphs. The Tribunal’s decision is recorded in the minutes of the hearing and, if applicable, the amended detailed declaration is filed in the record as soon as possible.

2023, c. 27, s. 52.