e-Court

e-Court costs incorporate a "refundable" escrow for purposes of increasing effective verdict enforcement

The escrow relates to a prepaid fee equal to lawyer/counsel appeal fees and is payable by both parties.

Enforcement of a decision by an e-Court judge can be encouraged in all provinces outside the province of Quebec by awarding the "winning" party, the 'loosing' party's prepaid portion of the escrow amount. This applies only when the 'loosing' party, whilst firstly agreeing to abide by the e-Court litigation process does not honor the judgement of the e-Court judge either with regards the standard or appeal procedures, making enforcing not possible. Moreover, the prepaid escrow portion by the "winning" party, shall be returned to the 'winning' party at the same time of the e-Court decision with regards the standard or appeal procedures. The escrow money received by the 'winning' party shall be used to pay for counsel costs incurred by the "winning" party to litigate in e-court and/or a traditional government courts. In the unlikely event that there exist a claim and counter claim between parties and enforcing the decision by an e-Court judge is not possible then the prepaid escrow amounts shall be used to pay for counsel fees of both parties to litigate in a traditional government court.

Enforcement of a decision by an e-Court judge with respect to a defendant residing in Quebec can be legally enforced through a specially designed notarial deed based on the Quebec civil code.






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