The Pleadings

In Quebec, there are two levels of civil court: the Court of Quebec (claims up to $85,000), which contains the small claims division (claims up to $15,000), and the Superior Court, which is the general jurisdiction (claims over $85,000). In a contentious case, a judicial application is conducted according to the procedure set out in the Code of Civil Procedure. Thus, the plaintiff calls the defendant to justice by means of a summons attached to the application and the defendant must answer the demand within the following 15 days (20 days for a small claim). Failure to do so might result in a default judgment rendered and the legal costs awarded against the defendant. The summons also sets out the options available to the defendant in answering the summons by stating his intention to either negotiate a settlement or defend the application.

A case management protocol has to be filed by the parties with the court office within 45 days after the service of the summons, in which all the subsequent steps and the delay to accomplish them will be provided. The plaintiff is required to ready his file and set down the case for trial and judgment within six months after the date the case protocol is accepted or established by the court.