Court of Quebec - Small Claims Division

The Small Claims Division of the Court of Quebec (also commonly known as "small claims court") applies simplified rules. A person can claim a sum of money owed to him by someone else or can ask for a judgment on a contract.

Companies, associations, and partnerships can also file an application at the Small Claims Division, but only if they had 5 employees or less at any given time during that past year.

A special feature of this court is that people must represent themselves. If you are unable to do so, you can ask someone close to you to represent you. However, you must make your request in writing and the person has to agree to do it for free. A company, an association, or a partnership can be represented by its boss or an employee. In general, a lawyer’s services cannot be used at the hearing. That doesn’t mean that a lawyer or another legal professional can't be consulted beforehand to adequately prepare for the hearing.

A judge of the Small Claims Division can hear applications for a maximum amount of $7,000, excluding interest. An application may be about a contract that hasn't been followed (for example, you buy a car that doesn't work as well as promised) or a damage caused by another person's fault (for example, your neighbor accidentally damages your shed).

In principle, the value of a contract of more than $7,000 cannot be subdivided so as to address several applications to the Small Claims Division. However, it is possible to take several lawsuits if instalments are due on different dates. A person can also choose to reduce his claim to $7,000 to have the right to be heard by the Small Claims Division.

The Small Claims Division does not hear:

• cases resulting from the lease of a dwelling;
  
• claims for support payments;
  
• class action lawsuits;
  
• lawsuits for slander;
  
• cases submitted by a person, company, or association having bought the claim of someone else (for example, a collection agency);
  
• claims made to recover goods.

A trial in small claims court is less formal than a trial before other courts. The judge is the one who questions the witnesses. Since there are no lawyers, the judge attempts to help each side express all of its proof so that he can come to the right decision. That decision can be made right away. It can also be made in the following 4 months and sent by mail to both sides.