Serving proceedings on a legal person: the Court of Appeal takes a stand!

April 2020

Serving proceedings on a legal person: the Court of Appeal takes a stand!

Antoine Turbide-Bédard
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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.

This bulletin provides general comments on recent developments in the law. It does not constitute and should not be viewed as legal advice. No legal action should be taken on the basis of the information contained herein.

 

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