jeanpaulg2003 发表于 2010-3-15 18:48

transfer to superior court

Plaintiff made a fake motion against me, and the date of hearing was set up. However he doesn't want to go before the judge, so asked for postphone 3 times for the past 2 years. What's more, when plaintiff found that he couldn't postphone the hearing further, he asked for the transfer the file to superior court.

Although the court granted the transfer, but until now they haven't received anything from the plaintiff.

My question is that will the superior court drops the case finally if the plaintiff fails to submit some further documents, and that is what the plaintiff wants.

What can I (defendant) do next in order not to let the troublemaker(plaintiff) go away like that ?Because I don't want to see the plaintiff to abuse the justice system and waste our taxpayer's money further.

Thank you for your reply in advance.

Xieying 发表于 2010-3-17 02:40

POWER TO IMPOSE SANCTIONS FOR IMPORPER USE OF PROCEDURE

The case is Not allowed to transfer to the superior court unless the nature of dispute did not fall into the scope of Court of Quebec, i.e. the amount claim is over $25,000.00.
The postpone must be approved by you if another party raised, Or the judge can decide if you don't agree to postpone.
Regarding the Improper use of procedure, you can refer article 54.1 to54.6 of Code of civil procedure.i.e.54.1 of C.C,P. A court may, at any time, on request or even on its own initative after having heard the parties on the point, declare an action or other pleading improper and impose a sanction on the party concerned. The procedural impropriey may consist in a claim or pleading that is clearly unfound, firvolous or dilatory or in conduct that is vexatious or quarrelsome.....

However you can file your own motion (On request) to ask for the judge to dismiss other party's action or other pleading , strike out a submission...It really doesn't matter who is plaintiff or defendant. the right is Equal.
If you are much more certian of your own situation, you can file a Motion to dismiss proceduring (Article 75.1 C.C.P.)

However, how to" run" your motion in the Court, very important, one small mistake, or error can ruin of entiry case. (一步走错,全盘皆输)I mean you must carry out the motion in correct way/procedure. 1. writen motion in a legal and proper way, 2. Service(your motion"s delivery procedure to the other party), usually the middle man(legally called Bailff (/Huissier in French) 3, Deposit (usually baliff will do it for you), The motion is included in the Affidviate Support, Notice of Appearancemeaningyou decide the date and time for hearing your motion at the court. It deson't matter if your counterparty attend or not under the condition that the full set of motion has been servived to him by the bailff , Ususally you give the baliff two copied of full documents(motion), the copy called Orginal to be signed by other party or attached the certificate issued by bailff, explaing whole suituation to delivery the document, then he returns the original one to the court (called deposit) the clerk will register in the computer system of the court, of course another copy left to the other party.If He did not file appearance at the court or attend the Preliminary hearing ,the judgenent will be rendered by default. Even other party want to postpone, he must present, you don't agree with reason, let judge decide. Well, the motion you want to file, you must pay the application fee first to get a case number (500-80XXX)or without cost if you follow the other party's initial motion with the same case number(I am not sure of this point)

Hope the outline will give you a little bit of help.
If you want to go further, let us know,
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