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.

 
Words WelcomeJurisdictionRules or Practice 
Court DecisionsNotices To come Aide-mémoire
FAQ Settlement Conference Search ToolHome page