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ARTICLE · 19 OCTOBER 2011

Draft Bill To Enact The New Code Of Civil Procedure – Highlights And Preliminary Comments

Davies Ward Phillips & Vineberg LLP
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On September 29, 2011, the Québec Minister of Justice issued the Draft Bill to enact the new Code of Civil Procedure. This draft bill forms the basis of a proposed new code that would replace the current Code of Civil Procedure.

CanadaLitigation, Mediation & Arbitration
Louis-Martin O'Neill
Louis-Martin O'Neill
Hugo Babos-Marchand
Hugo Babos-Marchand
Marc-André Boutin
Marc-André Boutin
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On September 29, 2011, the Québec Minister of Justice issued the Draft Bill to enact the new Code of Civil Procedure. This draft bill forms the basis of a proposed new code that would replace the current Code of Civil Procedure. This new code, if adopted, would entail substantial modifications that could have a major impact on Québec's legal landscape.

The new code aims to modernize and simplify the pre-trial process, trials, and appeals. It prioritizes cost reduction, flexibility, and proportionality. It encourage parties to collaborate in completing the court record and provides for in-depth judicial supervision by way of case management. It also places a higher importance on alternative modes of dispute resolution and prevention, requiring parties to consider these options before referring to the courts.

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