Civil liability in Quebec: obtaining compensation for an injury
A fall, water damage caused by a neighbour, harm to one’s reputation: when one person causes injury to another, the law may require that person to make reparation. This guide explains in plain terms the general rules and the time limits to know in Quebec.
In short
To obtain compensation, you generally need to show a fault, an injury and a link between the two.
The general time limit to take action is 3 years, but a much shorter notice may be required when a municipality is involved.
Bodily injuries caused by a road accident or a workplace accident fall under specific public plans.
What is civil liability?
Every person has a duty to abide by the rules of conduct incumbent on them, so as not to cause injury to another. A person who fails in this duty is liable for the injury they cause and must make reparation for it.
To obtain compensation, the person making the claim must generally show three elements:
A fault: conduct that does not respect these rules of conduct.
An injury: damage actually suffered.
A causal link: the injury must result from the fault.
What types of injury can be compensated?
The Civil Code of Québec distinguishes three types of injury:
Material injury: for example, damage caused to property.
Bodily injury: the consequences of harm to physical or psychological integrity.
Moral injury: for example, harm to one’s reputation.
How long do you have to act?
As a general rule, the lawsuit must be filed within 3 years. When the injury appears gradually or late, the time limit starts on the day it first appears.
What if a municipality is involved?
For municipalities governed by the Cities and Towns Act, the law sets specific rules when a person wishes to claim damages following an accident:
A written notice must be given to the clerk of the municipality within 15 days of the accident.
The lawsuit must be filed within 6 months following the day of the accident or the day the right of action arose.
When the claim concerns bodily injury, however, the Civil Code of Québec provides that these requirements cannot defeat the 3-year limitation period.
Road accidents and workplace accidents
Road accidents. Bodily injuries caused by a road accident are compensated by the Société de l’assurance automobile du Québec (SAAQ), regardless of who is at fault. It is therefore not possible to sue the person responsible for the accident for these injuries. Property damage is handled by private insurers.
Workplace accidents. A worker who suffers an employment injury cannot bring a civil liability action against their employer because of that injury. Compensation is handled by the CNESST.
What documents should you bring to a consultation?
Photos and videos of the incident and the damage
The police or incident report, if any
Medical records and receipts for care
Proof of the losses suffered, such as invoices or proof of income
Any letter received from the other party or their insurer
The names and contact information of witnesses
Consulting a lawyer
This guide presents general rules. Every situation is different and must be assessed on its own facts. To learn more about our practice, see the Civil Liability page or request a consultation.
This guide contains general legal information. It is not legal advice and does not create a lawyer-client relationship.
