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Belliard v. Colin, Paré et associés

GST-737-93

Pinard J.

21/9/94

6 pp.

Application to quash seizure in execution made on certain property of applicant pursuant to Quebec Code of Civil Procedure (C.C.P.), art. 596(2)-Applicant argued property in question constituted instruments of work needed for personal exercise of professional activity and should be exempt from seizure under art. 552(3) C.C.P.-Applicant attorney entered on roll of order since 1992-Art. 552(3) brings together in single concept all property exempt from seizure on account of use for work purposes-Effect of new provisions regarding exemption from seizure confirms exceptional nature of exemption and limiting interpretation which courts should give to its application-Art. 2648 of Civil Code of Québec re-enacts substance of art. 552 C.C.P.-Applicant not able to establish seized property constituted instruments of work needed for personal exercise of professional activity-Application dismissed-Civil Code of Québec, art. 2648-Code of Civil Procedure, R.S.Q., c. C-25, arts. 552 (as am. by S.Q. 1992, c. 57, s. 296), 596.

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