April 30, 2020 – While some may question the appropriate interpretation to give to article 125 C.C.P., in light of the change in vocabulary made in the revised Code of Civil Procedure, the Court of Appeal examined the question, for the first time, in ruling 2020 QCCA 351 dealing with an application to dismiss the appeal.
According to the Court of Appeal, the Code of Civil Procedure no longer requires that service upon a legal person be made by delivery of the document on a person in charge of the establishment, as was the case under the former Code. Henceforth, service may be made on a person who appears to be in a position to deliver the document to an officer or a director.
Although this revised provision can significantly facilitate the service of proceedings on legal persons, it may be prudent to ensure that the bailiff serving the document carries out certain usual verifications and asks the right questions before handing over the proceedings, as was the case in the aforementioned judgment, in order to comply with the requirements of the new article 125 C.C.P.
For any question concerning the service of proceedings on legal persons, we invite you to contact our litigation team.
Did you know that free products received by an influencer or content creator on social media can be considered as a source of income for tax purposes? Be it on TikTok, Twitch, Instagram, etc...
The practice of law is often associated with litigation. However, two parties who disagree don’t necessarily have to end up in a courtroom. There are proven ways to avoid a drawn-out legal battle. ...
Available in French only. ...
Co-written by Alexander Rigante, articling student Monopoly is a globally renowned board game where players compete in the ...
It's best to watch this in landscape mode.
