Civil litigation in Quebec: time limits, courts and the steps of a lawsuit
A breached contract, an unpaid invoice, poorly performed work: when a disagreement cannot be settled out of court, it may lead to a civil lawsuit. This guide explains in plain terms the time limits, the courts and the steps of a case in Quebec.
In short
As a general rule, a civil lawsuit must be filed within 3 years.
The court that hears the case depends mainly on the amount claimed.
A person who is sued has 15 days to respond.
How long do you have to act?
As a general rule, a civil lawsuit must be filed within 3 years. This is called the limitation period (prescription). The law does, however, set different time limits in certain situations.
When an injury appears gradually or late, the time limit starts to run on the day it first appears.
Which court hears the claim?
The court depends mainly on the amount at stake, not counting interest:
$15,000 or less: the Small Claims Division of the Court of Québec can hear a claim to recover a sum of money. The parties represent themselves: except in special cases, a lawyer cannot represent them at the hearing, but they may consult one to prepare their case.
Less than $75,000: the Court of Québec.
From $75,000 to less than $100,000: the Court of Québec or the Superior Court, at the choice of the person making the claim.
$100,000 or more: the Superior Court.
How does a lawsuit unfold?
The formal notice. Before suing, the creditor often sends a formal notice (demand letter): a letter asking the other party to pay or to perform its obligation within a reasonable time. The law requires it to be in writing.
The originating application. The person suing files the claim with the court and has it served, meaning officially delivered, on the other party, together with a summons.
The answer. The person being sued must answer the claim within the following 15 days.
The case protocol. The parties agree on a timetable for the case. This protocol must be filed with the court office within 45 days of service of the summons.
Evidence and seeking a settlement. The parties exchange their documents and, where applicable, their expert reports. At their request, a judge may preside over a settlement conference to help them find a solution.
Trial and judgment. If no settlement is reached, the court hears the parties and renders a judgment.
What happens if you do not answer a lawsuit?
If the person being sued does not answer the summons, the person suing may obtain judgment without further notice or delay. This is called a default judgment.
What documents should you bring to a consultation?
The contract, invoices and quotes
Written exchanges: emails, text messages, letters
Proof of payment or non-payment
Photos or expert reports, if any
The formal notice or lawsuit received, with the date you received it
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 Litigation page or request a consultation.
This guide contains general legal information. It is not legal advice and does not create a lawyer-client relationship.
