“We’re not like anywhere else,” likes to say the coordinating judge of the Court of Quebec in the region, Jean Hudon, who is also responsible for the operation of the small claims division. He is proud to note that the wait to be heard at this court in the region is shorter than elsewhere.
According to the magistrate, the deadlines are eight months for the judicial districts of Alma and Roberval. They are 18 months for that of Chicoutimi. And the number of hearing days will be increased from 31 to 51 next year to further improve the progress of cases.
What are the deadlines for obtaining a judgment? “Two months maximum in the region,” says Judge Hudon, even if the law provides that the court has four months to rule.
“No one makes a decision on the bench. It’s a question of respect. It’s difficult to make a small claims decision. There are some who sue for $200 and it is the case of their lives. It’s really a question of respect.”
— Judge Jean Hudon
Judge Jean Hudon and Me Léonie Doyon of the Saguenay-Lac-Saint-Jean Community Justice Center provided information for nearly two hours. (Jean-François Tremblay/Le Quotidien)
In the region, small claims hears six cases a day when court is in session. The constant presence of a mediator makes it possible to anticipate this sustained pace. This volume helps maintain reasonable deadlines. In other districts in Quebec, two or three cases are usually placed on the day’s schedule.
New rules since last June
Last year, the operation of small claims was modified by Law 8. From now on, all new cases of less than $5,000 must go through mediation.
If there is no agreement at this stage, the matter is referred to an arbitrator who could make a decision. Quebec’s objective with this way of proceeding is to reduce delays. There are approximately 20,000 small claims files opened each year across the province.
A pilot project is underway in the Laval region. It would be the intention of the Ministry of Justice to extend this pilot project to the three districts of Saguenay-Lac-Saint-Jean at the beginning of 2025.
Do you know about small claims?
Judge Hudon himself regularly sits in this court in Alma to hear citizens, businesses or municipalities defend their interests without a lawyer. Thursday evening, he was invited by the Saguenay-Lac-Saint-Jean Community Justice Center to give an information conference. The evening was entitled “what you need to know about small claims”.
About 30 people attended the conference. (Jean-François Tremblay/Le Quotidien)
The legal information officer at the Center, Me Léonie Doyon, confirms that her organization receives a lot of requests for information about this division of the Court of Quebec. The operation and the stages are unknown to the population.
“It takes a reason, a victim, defective property, for example to go to small claims,” said the judge. It takes a legal basis.” He notes that the progress of a case can be more difficult given that the parties represent themselves alone, without a lawyer. But his main advice is to be prepared to file an application and during the court day.
“It is important. Be careful with Google. If you look for small claims, it often comes up with the French results. The Napoleonic Code is not the Civil Code in Quebec.
— Judge Jean Hudon
The Center advises ensuring the solvency of the other party before undertaking an appeal “to avoid not being paid in the event of a favorable judgment,” indicated Me Doyon. The law provides a period of 10 years to satisfy a small claims judgment.
The coordinating judge and the legal information officer answered several questions from the public. (Jean-François Tremblay/Jean-François Tremblay)
Judge Hudon adds that it is preferable to send a formal notice in the event of a hidden defect, even before having any work carried out.
“If your house is sinking tonight and they tell you they’re going to bring the guy in, but he’s only coming in two months, you’ve just wasted two months.”
— Judge Jean Hudon
Who can sue? A natural person alone or who operates a business and a legal person, association or company hiring a maximum of ten employees one year before the claim.
| Some rules for submitting a small claims request |
|---|
| Maximum claim of $15,000. |
| No lawyer in court. But you can consult one to prepare the file. |
| Prescription of three years from knowledge of the facts. |
| Six-month statute of limitations if you claim from a municipality. |
| One-year statute of limitations for damage to reputation. |
| Examples of exclusions: housing leases, alimony, defamation proceedings, property claims. |
| Formal notice required otherwise the registry will not accept the file. |
| The burden of proof lies with the applicant. |
| Judgment rendered according to the “balance” of probabilities. |
| Final decision without appeal. |
“Judges, we cannot give more than what is asked. If you ask for $5000, we won’t give you $5200. But we can grant less.”
— Judge Jean Hudon
| Some tips during the small claims hearing |
|---|
| Be well prepared. |
| Stay calm. |
| Be dressed neatly and soberly. |
| Be on time. |
| You see the judge. |
| Respect the judge. He is the one who controls the audience. |
The Regional Community Justice Center has been holding this type of conference since 2015 with the Court of Quebec. Twice a year, sessions are held, one in the spring, the other in the fall in Chicoutimi and Jonquière. But the 13 centers in the province offer the same exercise every month.
The non-profit organization offers legal information services free of charge. However, he does not give legal advice and does not represent a person in court.
