Definition : Small claims division

A division of the Court of Québec (Civil division) having jurisdiction to hear certain cases in which the value claimed does not exceed $ 15,000, excluding interest. Its specificity is that : 

  •  Only a natural person  and a legal person (which has 10 employees or less during the 12-month period preceding the date of the claim), such as a syndicate of co-owners, can be an plaintiff;
  • The parties may only be represented by an officer or employee who is solely employed by them and who is not a lawyer;
  • The judgment rendered is final and without appeal.

Furthermore, article 563 of the Code of Civil Procedure provides that a judgment rendered by this Court has the authority of res judicata only with respect to the parties to the dispute and for the amount claimed. This judgment cannot be cited in an application between the same parties for the same cause before a different court. The court must then, at the request of a party or of its own motion, reject any application or proof based on the judgment.

WHAT YOU SHOULD KNOW ! Exceptionally, when a case raises a complex question of law, the court may, on its own motion or at the request of a party, authorize the representation of the parties by lawyer.

http://www.condolegal.com/images/Boutons_encadres/A_retenir.pngWHAT TO KEEP IN MIND: Natural and legal persons (e.g. a syndicate of co-owners) may consult a lawyer, including for the purpose of preparing the presentation of their case.

WARNING!? The Court of Québec, Small Claims Division, does not have jurisdiction to rule on the validity of decisions or resolutions adopted at a meeting of co-owners, since this jurisdiction lies with the Superior Court, even when a monetary claim requires the annulment of a decision made.

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