When Arguing that an Oral Defence is Required, Make Sure to Ascertain the True Nature of the Subject Matter of the Claim

By Sarah D. Pinsonnault Unless otherwise prescribed by the Codeof Civil Procedure, a defence is typically filed in writing (article 175.1 C.C.P.). That being said, defendants may be orderedto provide an oral defence if the subject matter of the action or applicationfiled against them falls under one of the categories enumerated in article 175.2 C.C.P.In Atlantic Industries Ltd. c. Intact Insurance Company, 2014 QCCS 4656,the Court had to first determine the true nature of the Plaintiff’s claim, thatbeing based on a construction payment bond, in order to then conclude whether ornot an oral defence was required. Context The Plaintiff declares to have contracted with Benoit Vigneault Ltd. tomanufacture and supply materials for a construction project it was involved in.The latter apparently never paid for the materials delivered by the Plaintiffbecause it filed a Notice of intention to make a proposal pursuant to the Bankruptcy and Insolvency Act. Accordingly, the Plaintiff filed a… Lire la suite