Superior Court - Civil Matters

In legal jargon, the Superior Court is said to be the "court of general jurisdiction" in Quebec. This means that the Superior Court can hear all claims not formally assigned by law to other Quebec courts. The Superior Court also has "superintending and reforming power" over decisions made by other organizations or tribunals in Quebec, with the exception of the Court of Appeal. This power allows the Superior Court to, for example, override decisions of a professional association or the Board of Directors of a university.

The Superior Court hears cases pertaining to civil law (Civil Division) or to criminal law (Criminal Division). The word "Division" refers to the nature of the case being heard, rather than to any physical division of the court.

The majority of cases heard in the Civil Division are those where the sum claimed, or the value of the object in dispute, is $70 000 or more. Because the Court of Quebec has jurisdiction in cases involving less than $70 000, it falls to the Superior Court, as the court of general jurisdiction, to decide cases involving more than this amount.

The Superior Court also renders decisions in all family matters, including divorce. This means that the Superior Court can render a judgment of divorce, award child custody, and set the amount for support payments. The Family Division is a special division of the Superior Court that deals with all family law matters.

Finally, the Superior Court also has the power to make decisions concerning bankruptcies, class action lawsuits, injunctions, the validity of civil status documents (like a birth certificate), or the validity of a last will and testament.

Note
The rules presented in the section entitled Step-by-step guide to procedure summarize the rules applicable to judicial proceedings filed as of January 1, 2003. However, the text is not a detailed explanation of every single step a file may go through before a judgment is rendered.