CHAPTER XV
Quarrelsome Conduct
84. Necessity to obtain prior authorization.
If a person acts in a quarrelsome manner, that is if that person
exercises litigious rights in an excessive or unreasonnable manner,
the Court may prohibit that person from instituting an action
or an application without having first obtained prior judicial
authorization.
85. The order. The order of prohibition
is general or is limited to one or more judicial districts, or
with respect to one or more persons. In an extreme case, the order
of prohibition may include an order preventing the person from
having access to the courthouse.
86. Application for authorization. The
application to institute or to continue an action or application
is presented to the Chief Justice or the judge designated by the
Chief Justice, and is filed in the Office of the Court for the
District of Quebec or the District of Montreal depending on the
division in which the order of prohibition was issued. The application
may be adjudicated on the basis of the record, without a hearing.
87. Exhibits. The application to institute
an action must be accompanied by the order of prohibition and
the proceeding the applicant seeks to institute.
88. Presentation. The Chief Justice or
the judge designated by the Chief Justice may refer the application
to institute an action to the Court, in which case the applicant
must serve it on the parties contemplated by the proposed proceeding,
with a ten-day notice of presentation.
89. Nullity. An unauthorized proceeding
is deemed never to have existed. When informed of an order of
prohibition, the Clerk must refuse the acceptance of an unauthorized
proceeding, except for an apllication to institute or continue
proceedings or an inscription in appeal.
90. Registry. The Clerk transmits a copy
of an order of prohibition filed at the Office of the Clerk to
the Chief Justice of the division, or if the latter requires its,
for inclusion in the public registry of persons subject to orders
of prohibition.