Delay to file an appearance | 10 days after the service of the motion to institute proceedings (Section 192 of the Code of Civil Procedure ). |
Delay File a statement of defence | Variable. The delay has been negotiated by the parties in the agreement as to the conduct of the proceeding (Sections 151.1 to 151.3 of the Code of Civil Procedure). |
Delay to set the case ready for trial | 180 days after the service of the motion to institute proceedings, unless the Court extends the delay (complexity of the case or special circumstances) (Section 110.1 of the Code of Civil Procedure ). |
Delay to obtain trial dates once the certificate of readiness is issued. | Varies from a few months to two years depending on the duration of the hearing and the judicial district where the case is heard. |
Rules of discovery | Delay to examine before plea | Delay to examine after plea - | The delays are provided in the agreement as to the conduct of
the proceeding negotiated by the parties. The examinations must be
held before filing the declaration that the file is complete.
|
Affidavit of documents: which documents? Under which circumstances? | Not applicable in Quebec.
Some motions require an
affidavit, including all motions made during the proceedings
(Section 88 of the Code of Civil Procedure). |
Court settlement Conference: a mandatory process or not? | Voluntary process that does not suspend the proceedings. In the district of Montreal, the settlement conference will not take place if the trial date has been set, unless under exceptional circumstances (Sections 151.14 to 151.23 of the Code of Civil Procedure ). |
Mediation | Voluntary process and
independent from the settlement conference. The mediator's fees
shall be borne by the parties.
Free mediation service available
at the Small claims Court (Sections 973 of the Code of Civil
Procedure). |
Simplified procedures (fast track and Small claims Court) (monetary limits) | In some matters, the defense is
oral and the 180 days delay to set the case ready for trial does
not apply (Section 175.2 of the Code of Civil
Procedure).
The limit for the jurisdiction of
the Small claims Court is $7,000.00, regardless of the
interests. |
The RMC firms in Quebec are:
Montreal
Quebec City