It may also be made by delivering the document personally to such an officer, director or agent, wherever that person may be.Notification of a document to a general or limited partnership or an association or any other group not endowed with juridical personality is made at its business establishment or office by leaving the document in the care of a person who appears to be in a position to give it to the addressee. They must also state their professional address and give the name and contact information of the person in their office with whom the other parties may communicate.Model pleadings and documents established by the Minister are posted on the Ministère de la Justice website.Whenever the law requires that a pleading be supported by an oath or whenever it requires or allows an affidavit as evidence, the oath must be sworn by a person who can attest to the truth of the facts alleged in the pleading or affidavit.The pleading or affidavit must mention the date and place the oath is sworn or received, as well as the name and address of the person swearing the oath and the name and capacity of the person receiving it.The person who swore the oath may be examined on the facts whose truth the person attested to; similarly, the affiant may be examined on the facts mentioned in the affidavit if the pleading, attestation or affidavit is deemed by law to be sworn. INCIDENTAL PROCEEDINGS THAT TERMINATE PROCEEDING If certificates that should have been issued were not issued, the securities are seized in the hands of the issuer, who is then required to issue a certificate in the debtor’s name and hand it over to the bailiff.Uncertificated securities or security entitlements to financial assets are seized by serving the notice of execution on the issuer or on the securities intermediary that maintains the debtor’s securities account, as applicable.Securities, whether certificated or uncertificated, or security entitlements to financial assets may be seized by serving the notice of execution on a secured creditor ifthe certificates representing the securities are in the secured creditor’s possession;the uncertificated securities are registered in the secured creditor’s name in the issuer’s records; orthe security entitlements to financial assets are held in the secured creditor’s name in a securities account maintained for the debtor by a securities intermediary.The seizure of securities or security entitlements to financial assets entails the seizure of the interest, dividends, distributions and other rights attached.When certificated securities are seized, the issuer must declare to the bailiff the number of securities held by the debtor, the extent to which the securities are paid up and the interest, dividends or other distributions declared but not yet paid.On seizing a technological medium, the bailiff is required to inform the debtor or the garnishee of their right to transfer any documents they wish to preserve from the seized medium to another medium.If custody of the seized medium has been entrusted to a third person, the debtor or the garnishee is required to advise the bailiff, within 15 days after the seizure, of their intention to transfer documents.The costs of the transfer are borne by the debtor or the garnishee.If there is no opposition to the seizure or the opposition has been dismissed, the bailiff destroys all documents on the medium before the sale and draws up minutes recording their destruction.If the bailiff considers it necessary, a specialist may be called on to assist with the destruction of the documents.
The party may also do so if it disowns the exhibit or document, does not recognize its origin or contests the integrity of the information it contains.A party that intends to contest the origin or integrity of a document must specify, in an affidavit, the facts and grounds that support the party’s claim and make it probable.If the contested document is a semi-authentic act and only a copy has been filed in the record, the party that intends to use the document is required to prove its semi-authentic character. 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. Also to be included is the bailiff’s name and contact information and those of the auctioneer selected, if any.If bids may be entered by way of information technology, the notice must state how and when bids will be received and must specify the closing date.At the sale, the bailiff or the auctioneer, as applicable, may, in the interests of the creditors or the debtor, refuse a bid, withdraw the property and put it up for sale again, with or without a reserve price, or end the sale.The bailiff is bound by the conditions and restrictions that govern the transfer of securities and the establishment of security entitlements to financial assets and are set out in the issuer’s constituting act or by-laws or in the instrument governing the securities account maintained by a securities intermediary.