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 Court of Quebec - Small Claims Division
The Small Claims Division of the Court of Quebec is a court with simplified procedures. The legal process is designed to be more accessible and efficient. If you are a Quebec citizen, or a company, partnership, or association of five employees or fewer, whose place of business is in Quebec, you may go to the Small Claims Division to claim money that a person or business owes you. The Small Claims Division is unique: the parties must represent themselves. Apart from certain exceptions, you may not have a lawyer with you at the hearing. In the case of a company, association or partnership, it may choose to have an employee appear as a representative, provided this person has an employment contract with the organization.
The maximum amount that can be claimed in the Small Claims Division is $ 7000, excluding interest. In light of this rule, a person may decide to reduce her claim to $ 7000 just to have the right to sue in the Small Claims Division. Remember that if a person wants to claim more than $ 7000 in total, dividing this into separate, smaller claims of $ 7000 or less is not allowed. To be heard in the Small Claims Division, a claim must result from damage caused by the fault of another person (for example, your neighbour accidentally damages your fence). The claim can also result from the application of the law or be related to a contract (for example, you buy a product that does not work as well as promised). In this last example, the contract must not have a value exceeding $ 7000. You can also file a claim in the Small Claims Division if it results from a contract of credit where a person is supposed to pay in instalments, or one where the fulfillment of obligations happens over time, like in an employment contract, a disability insurance contract, or any other similar contract. In any of these examples, it is possible to attempt a claim in the Small Claims Division for each instalment, even if the total value of the contract is more than $ 7000. Please note that special rules apply to employment contracts. For more information, you can refer to the Infosheet entitled Employment law. The Small Claims Division does not hear:
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