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(Amendment integrated into c. R-2.1, Title of the Act).The Code applies as soon as it comes into force. Failing agreement with the other parties, the person may ask the court to set those terms and amend the case protocol accordingly.If a party fails to co-operate in establishing a case protocol, the other party files a proposal within the time limit for filing. The debtor benefits from the exemption from seizure so long as all undertakings are complied with. The time limit for opting out is a strict time limit, although a class member, with leave of the court, may opt out after its expiry on proving that it was impossible in fact for the class member to act sooner.The court cannot refuse to authorize a class action on the sole ground that the class members are part of a multi-jurisdictional class action already under way outside Québec.If asked to decline jurisdiction, to stay an application for authorization to institute a class action or to stay a class action, the court is required to have regard for the protection of the rights and interests of Québec residents.If a multi-jurisdictional class action has been instituted outside Québec, the court, in order to protect the rights and interests of class members resident in Québec, may disallow the discontinuance of an application for authorization, or authorize another plaintiff or representative plaintiff to institute a class action involving the same subject matter and the same class if it is convinced that the class members’ interests would thus be better served.A judgment authorizing a class action may be appealed only with leave of a judge of the Court of Appeal. The bailiff is required to inform the interested persons and, at the time of the sale, the purchaser, of the capacity in which the bailiff is acting.The bailiff is duty-bound to keep the creditor, the debtor and any other interested person who so requests informed of any steps taken, and to keep records that are sufficiently detailed for the rendering of an account to the court and to the interested persons.The bailiff, if they consider it necessary, may ask the court for any instruction or order to facilitate the performance of their duties and ensure the most advantageous sale.The bailiff has the option, depending on the nature of the property, of selling by agreement, through a call for tenders or by auction; the bailiff sets the terms of the sale.The sale must be made in the interests of the debtor and the creditors, at a commercially reasonable price and using the most appropriate method of realization in the circumstances.The bailiff may sell, without delay or formality, movable property that is perishable, likely to depreciate rapidly or expensive to preserve.If several items of property have been seized, only those whose sale is necessary to pay the claims, including principal, interest and costs, may be sold, unless the debtor consents in writing to the sale of all the seized property. The parties cannot amend the case protocol without the approval of the court unless the amendment pertains to the agreed time limits or facilitates the conduct of the proceeding, and is not inconsistent with specific decisions of the court; the parties are required to file all amendments to the case protocol with the court office.A person impleaded by the application may participate in the establishment of the case protocol. If the plaintiffs agree on the facts, they may confine the application to the issue of law which is likely to cause a dispute between them.A plaintiff cannot divide a debt that is due for the purpose of claiming payment by means of more than one application.The plaintiff summons the defendant before justice by means of a summons attached to the application. The share to be given to each creditor is calculated by determining the value of each item or part of property in relation to the value of the whole.The bailiff, on their own initiative or on the request of an interested person, may revise the collocation scheme if it contains an error, in which case the bailiff is required to notify the collocation anew and file it with the court office.Within 10 days after notification of the bailiff’s report or the revised collocation scheme, any interested person may contest the scheme and ask the court for a determination of the persons to whom the proceeds of the sale and the sums seized are to be distributed.The application is notified to the bailiff and to all those who received the bailiff’s report.
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