Rawdon M&M Weather 4PM 22°C Nice eh?
Oh I didn't go to the multi-munis festival going down at the beach because the last time I saw her in public she moved away as if I was gonna pop her maybe she has a fixation on guns it was at the last year's festival when she squeezed my ass. Rawdon is a small town with big ambitions a wannabe leader in the county, an experienced judicator and legislator and model to follow. So that's what the munis were thinking after DR had them convinced they could nail vicious community members to the wall with this SLAPP procedure. Well although bill 99 doesn't have much bearing in our case we're not the precedent ... oh are we okay so what are we fighting for? find out on the 16th of September when it all crashes down at the Joliette CourtHouse. 2nd floor.
I'm so tired of this ridiculous tit for tat. We need male politicians with backbone and heart not with cougaring tendencies. Oh they were off to a good start alright sweet talking lawyers cops judges bailiffs newspaper headlines cyber intimidation a
little video by meathead. They wanted a public apology but then still reserving the right to sue the little guy anyway (sans prejudice). What's it all about Alfie? ... Then they met Bev's team.
waiting on Bill 99 ...
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FIRST SESSION
THIRTY-EIGHTH LEGISLATURE
Bill 99
An Act to amend the Code of Civil
Procedure to prevent abusive use of the
courts and promote freedom of expression
and citizen participation in public debate
Introduction
Introduced by
Mr. Jacques P. Dupuis
Minister of Justice
Québec Official Publisher
2008
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EXPLANATORY NOTES
This bill amends the Code of Civil Procedure to promote freedom
of expression and prevent abusive use of the courts, in particular the
use of court proceedings to thwart the right of citizens to participate
in public debate.
For that purpose, the bill allows the courts to promptly dismiss a
proceeding that is abusive. It specifies what may constitute an abuse
of procedure and authorizes the reversal of the burden of proof if the
abuse of procedure is obvious.
The bill also allows the courts to order the payment of a provision
for costs, declare that a legal action is abusive, condemn a party to
pay the fees and extrajudicial costs of the other party, and order a
party to pay punitive damages.
LEGISLATION AMENDED BY THIS BILL:
– Code of Civil Procedure (R.S.Q., chapter C-25).
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Bill 99
AN ACT TO AMEND THE CODE OF CIVIL PROCEDURE TO
PREVENT ABUSIVE USE OF THE COURTS AND PROMOTE
FREEDOM OF EXPRESSION AND CITIZEN PARTICIPATION
IN PUBLIC DEBATE
AS it is important to promote freedom of expression as affirmed in the
Charter of human rights and freedoms;
AS it is important to prevent abusive use of the courts and discourage judicial
proceedings designed to thwart the right of citizens to participate in public
debate;
AS it is important to promote access to justice for all citizens and to strike a
fairer balance between the financial strength of the parties to a legal action;
THE PARLIAMENT OF QUÉBEC ENACTS AS FOLLOWS:
1. The Code of Civil Procedure (R.S.Q., chapter C-25) is amended by
inserting the following after article 54 in Chapter III of Title II of Book I
concerning the powers of courts and judges:
“SECTION III
“POWER TO IMPOSE SANCTIONS FOR ABUSE OF PROCEDURE IN
FIRST INSTANCE
“54.1. A court of first instance may, at any time, on request or even on
its own initiative, declare an action or pleading abusive and impose a sanction
on the party concerned.
The abuse of procedure may consist in a claim or pleading that is clearly
unfounded, frivolous or dilatory or in a conduct that is vexatious or quarrelsome.
It may also consist in bad faith, in a use of procedure that is excessive or
unreasonable or causes prejudice to another person, or in a perversion of the
ends of justice, in particular if it operates to restrict freedom of expression in
public debate.
“54.2. If a party establishes that an action or pleading is prima facie an
abuse of procedure, the onus is on the party who instituted the action or filed
the pleading to show that the action or pleading is not an excessive or
unreasonable use of procedure and is justified in law.
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“54.3. If there is an abuse of procedure, the court may dismiss the
action, strike out a submission or require that it be amended, reject a pleading
or terminate or refuse to allow an examination.
“54.4. The court may, if it considers it appropriate,
(1) subject the furtherance of the action or the pleading to certain conditions;
(2) require undertakings from the party concerned with regard to the
orderly conduct of the proceeding;
(3) suspend the case for the period it determines;
(4) recommend to the chief judge or chief justice that special case
management be ordered; or
(5) for serious reasons, if justified by the circumstances, and if the court
notes that the financial situation of a party would prevent the party from
properly arguing the party’s case, order that a provision for costs in a
specified amount be paid to that party.
“54.5. In ruling on the abusive character of an action or pleading, the
court may order that a provision for costs be reimbursed, condemn a party to
pay, in addition to the costs, damages in reparation for the prejudice suffered
by another party, including the fees and extrajudicial costs incurred by that
party and, if justified by the circumstances, award punitive damages.
If the amount of the damages is not admitted or may not be established
easily at the time the action or pleading is declared abusive, the court may
summarily rule on the amount, or reserve the right of a party to have the
amount determined by the competent court within the time and under the
conditions determined by the court.
“54.6. If the abuse of procedure is committed by a legal person or a
person who acts as the administrator of the property of another, the directors
and officers of the legal person who took part in the decision or the
administrator of the property of another may be personally condemned to pay
damages.
If the abuse of procedure results from a party’s quarrelsomeness, the court
may also prohibit the party from instituting legal proceedings without the
authorization of the chief judge or chief justice.”
2. Chapter III.1 of Title III of Book I of the Code, comprising articles 75.1
and 75.2, is repealed.
3. Article 151.11 of the Code is amended by adding “, character” after “by
the nature” in the first sentence.
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4. Article 165 of the Code is amended
(1) by striking out paragraph 4;
(2) by adding the following paragraph:
“The defendant may also ask for the complete or partial dismissal of all or
part of the action if it is abusive or unfounded in law, even if the facts alleged
are true.”
5. This Act comes into force on (insert the date of assent to this Act).
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Page 8Steve Solo writes the weather report for Rawdon and the Lanudière region Included in the text are snowmobile trailreports.
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