H-4 - Bailiffs Act

Section 16 Disposition versions

1988-08-31

16. The judge shall, before rendering any decision on an appeal, allow the parties to be heard within thirty days of the filing of the motion in the office of the court and for that purpose give them in the manner he considers appropriate a notice of at least five clear days of the date and hour when and place where they may be heard.

If a party so called does not appear or refuses to be heard at the sitting fixed for that purpose or at an adjournment of such sitting, the judge may nevertheless hear the matter and no judicial recourse shall be based on the fact that he so proceeded in the absence of such party.

Subject to the inconsistent provisions of this act, the rules relating to the production of evidence and to hearings provided in the Code of Civil Procedure apply to such appeal as if it were a case in first instance before the Court of Québec.

1974, c. 13, s. 16; 1988, c. 21, s. 66.

1977-12-31

16. The judge shall, before rendering any decision on an appeal, allow the parties to be heard within thirty days of the filing of the motion in the office of the court and for that purpose give them in the manner he considers appropriate a notice of at least five clear days of the date and hour when and place where they may be heard.

If a party so called does not appear or refuses to be heard at the sitting fixed for that purpose or at an adjournment of such sitting, the judge may nevertheless hear the matter and no judicial recourse shall be based on the fact that he so proceeded in the absence of such party.

Subject to the inconsistent provisions of this act, the rules relating to the production of evidence and to hearings provided in the Code of Civil Procedure apply to such appeal as if it were a case in first instance before the Provincial Court.

1974, c. 13, s. 16.