Notice: The Small Claims Division of Quebec raised the minimum disputed amount per claim to 15000$ since this article.
By Sabrina Di Giambattista, Faculty of Law, McGill University (2005)
The Small Claims Division hears monetary and contract disputes in which the disputed amount per claim does not exceed $7000, excluding interest. The goal of the small claims court is to keep the procedure as simple and informal as possible eliminating the need for legal counsel and as such rendering the process more cost-efficient and less time-consuming.
Before Suing: The Formal Notice
A formal notice is a letter that outlines the dispute and sets out the sum claimed. It is sent to the person you wish to sue (the defendant) by certified or registered mail as a notice of your intention to bring the case before the courts. The notice also specifies a delay for response, in the form of payment or refusal to comply. A period of ten (10) days for response is typically considered reasonable and no response is viewed as a refusal to comply. You must keep a copy of your letter as well as your post office receipt.
Who may Sue? (The Plaintiff)
- An individual on his own behalf.
- The guardian, curator or legal representative of an incompetent person or someone who administers the property of another may institute an action on that person’s behalf.
- A spouse, relative, in-law or friend may bring the claim or take part in the hearing on behalf of an individual incapable of acting on his/her own behalf. This representation must be provided free of charge and backed by a signed written contract stipulating the reasons why the individual cannot act on their own behalf.
- A legal person (Ex. company or association) may sue if it employed at most five (5) people during the twelve (12) months preceding the claim. It must be represented in court by a director or other employee bound by an employment contract and working solely for that legal person.
Who may be Sued? (The Defendant)
Any individual or legal person may be sued.
What Type of Claim may be Made?
Small claims include monetary claims and contract disputes not exceeding $7000, excluding interest. Contracts include any written or oral agreements between parties. The Small Claims Division does not hear claims concerning leases for apartments or property; such claims are to be brought before the Rental Board. Moreover, class actions, child support claims, defamation suits and debt purchase suits do not fall within the jurisdiction of the Small Claims Division.
When Must a Claim be Filed?
Most claims must be filed within three (3) years, however some claims, such as those concerning hidden, must be filed within a shorter time-frame. It is always preferable to submit all claims as soon as possible.
Writing the Claim
There are forms available to assist any claimant who wishes to write his/her own claim. They are available at the courthouse or may be downloaded from the government website. The claim form and all documents to be submitted as evidence before the court must be submitted to the clerk for the Small Claims Division.
The clerk for the Small Claims Division is also available for assistance on appointment.
Legal Fees
The clerk for the Small Claims Division will inform you about the charge for submitting a claim to the Small Claims Division.
Preparing for the Hearing
After the claim has been filed, parties will receive a notice of hearing indicating the place, date and time of the hearing.
If it has not already been done, each party must give the clerk all documents, statements or reports that are to be submitted before the court at least fifteen (15) days before the date of the hearing. Each party may request a copy of the documents from the clerk.
If either party fears that one or more of their witnesses will not come to court, they may give their names and addresses to the clerk who will see to it that they are summoned. Each party may bring both expert and ordinary witnesses.
The Hearing
The judge will provide a brief explanation of the rules of testimony and procedure. Each party will then have the opportunity to present their case and have their witnesses heard. The judge will cross-examine the witnesses and provide fair assistance to both parties.
The judge may render his judgment orally during the hearing or within four (4) months after the day of hearing. The judgment is final and cannot be appealed.
All rights reserved © Sabrina Di Giambattista, 2005
