Quebec

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.
  • Before plea: examination on all the facts relating to the claim.
  • After plea: examination upon all facts relating to the issues between the parties.
Who can be examined? the plaintiff, his representative, agent or employee; the victim, any person involved in the commission of the act which caused the injury; the person for whom the plaintiff claims as tutor or curator, or for who he acts as prête-nom, or whose rights he has acquired by transfer, subrogation or other similar title; any other party, or his representative, agent or employee; and, with the permission of the court, and on such conditions as it may determine, any other person (Sections 396.1 à 398.2 of the Code of Civil Procedure).
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).
In family matters, the parties are required to attend an information session on the mediation process (Sections 814.3 et seq. 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

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Quebec City

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