Small Claims Court Overview

Quebec

Small claims are brought in the Small Claims Division of the Court of Quebec. The court has jurisdiction over claims not exceeding $7,000.00.

Action Timeline

File and serve claim

The claimant files a statement of claim, and serves it on the defendant.

For claims of up to $999.99, the filing fee is $74.25 for individuals and $125 for corporations.

For claims from $1,000 to $2,999.99, the filing fee is $106 for individuals and $157 for corporations.

For claims from $3,000 to $4,999.99, the filing fee is $137 for individuals and $187 for corporations.

For claims from $5,000 to $7,000, the filing fee is $169 for individuals and $220 for corporations.

This is done when the action is initiated. Most claims must be filed within a period of three years.

The defendant has the opportunity to respond

The defendant can pay the amount claimed or make a settlement with the plaintiff, contest the plaintiff's claim, and/or counterclaim.

The defendant can also request mediation.

For contestation, with respect to claims up to $999.99, the filing fee is $62.75 for individuals and $112 for corporations.

For claims from $1,000 to $2,999.99, the filing fee is $94.50 for individuals and $144 for corporations.

For claims from $3,000 to $4,999.99, the filing fee is $125 for individuals and $175 for corporations.

For claims from $5,000 to $7,000, the filing fee is $157 for individuals and $206 for corporations.

For cross demands, with respect to claims up to $999.99, the filing fee is $62.75 for individuals and $74.25 for corporations.

For claims from $1,000 to $2,999.99, the filing fee is $68.00 for individuals and $81.75 for corporations.

For claims from $3,000 to $4,999.99, the filing fee is $74.25 for individuals and $88.25 for corporations.

For claims from $5,000 to $7,000, the filing fee is $81.75 for individuals and $94.50 for corporations.

Within 20 days of receiving the statement of claim.

Application for default judgment

If the defendant does not respond to the clerk after receiving notice of the statement of claim, a default judgment may be made.

After the timeframe noted above for the defendant to respond to the clerk.

Mediation

The clerk must inform the parties that they can submit their dispute to mediation. If both parties agree, the dispute will be referred to a mediator. If the parties settle, the settlement agreement can be enforced like a judgment.

At the clerk’s earliest opportunity.

Possible Outcomes Timeline

Withdrawal of the claim or counterclaim

Either party can withdraw the claim or counterclaim.

At any time before the hearing.

Award of a default judgment

If the defendant fails to appear at the hearing.

Judgment

If there is a trial and both parties appear, the judge will hear the case of both the claimant and the defendant, and will make a judgment using the information presented.

Within 4 months of the hearing if the claim was contested.

Within 30 days for an uncontested claim.

Further Options Timeline

Application to set aside a default judgment

Where there is a default judgment, the party who failed to appear at the date set for the hearing must provide reasonable cause for having failed to appear.

For claims up to $999.99 the filing fee is $62.75 for individuals and $74.25 for corporations.

For claims from $1,000 to $2,999.99 the filing fee is $68.00 for individuals and $81.75 for corporations.

For claims from $3,000 to $4,999.99 the fee is $74.25 for individuals and $88.25 for corporations.

For claims from $5,000 to $7,000 the fee is $81.75 for individuals and $94.50 for corporations.

Within 15 days of learning of the judgment.

Appeal to a higher court

There is no appeal from Small Claims Court.

 

Canada

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