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Civil Division

There are three divisions within the Civil Division.

The Court’s judges have jurisdiction, within the limits prescribed by law, over civil actions initiated under the Code of Civil Procedure (CQLR, c. C-25.01) or any other statute. The judges have authority to hear claims where the monetary value or interest of the matter in dispute is less than $100,000, except for support payment claims, claims related to residential leases that come under Tribunal administratif du logement, and claims reserved for the Federal Court. The judges have the power to rule on municipal or school tax claims and to reverse or set aside municipal or school board assessment rolls.

Restricted license and vehicle release claims also fall under the jurisdiction of the judges under the Highway Safety Code (CQLR, c. C-24.2).

Finally, judges hear applications for custody for the purpose of or following a psychiatric examination.

The law also stipulates that a judge’s jurisdiction, in addition to settling disputes, extends to ensuring proper case management and attempting to reconcile the parties when circumstances permit. For example, judges may take case management measures to simplify or expedite proceedings or shorten the duration of trials via amendments to pleadings, expert opinions, pretrial discovery, etc.

For reconciliation, judges have the power to preside over settlement conferences to help the parties communicate and explore solutions that could lead to a satisfactory agreement to settle the dispute.

Relevant documents for all regions of the Documentation Center

Judges in the Small Claims Division decide cases involving claims of no more than $15,000. The judges are also called upon to decide tax-related summary appeals.

Litigants are entitled to consult a lawyer to prepare their case. However, they must represent themselves at the hearing, i.e., they may not be assisted or represented by counsel, except when special permission is granted (e.g., in cases that raise complex legal questions).

Disputes are settled according to the same rules of law as those upheld by any court exercising jurisdiction in civil matters. However, the written procedure is simplified. At trial, the judges explain the rules of evidence and procedure to the parties. They direct the proceedings, question witnesses, hear the parties, and decide the issues in dispute. They provide each party with fair and impartial assistance, so as to render effective the substantive law and ensure that it is carried out. When circumstances allow, the judges endeavour to bring the parties to an agreement. The judgment is final and binding.

Small Claims section
 

The Administrative and Appeal Division (AAD) was created in 2007. It includes a team of approximately 30 specialized judges sitting throughout the province who are chosen by the Chief Justice of the Court of Québec to manage, hear and rule on all recourses that the Québec legislator has entrusted to the Court of Québec in matters of appeals and contestations of administrative decisions.

Notably, the AAD judges hear the following appeals and contestations of administrative decisions:

  1. Appeals in access to information matters (appeals from decisions of the Commission d'accès à l'information);
  2. Appeals in municipal taxation and expropriation matters (appeals, with leave, from decisions of the Administrative Tribunal of Québec, Real Estate Section)
  3. Appeals in protection of agricultural lands matters (appeals, with leave, from decisions of the Administrative Tribunal of Québec, Territory and Environment Section);
  4. Appeals in residential housing matters (appeals, with leave, from decisions of the Administrative Housing Tribunal);
  5. Appeals from decisions of the Financial Markets Administrative Tribunal;
  6. Appeals in police ethics matters (appeals from decisions of the Comité de déontologie policière);
  7. Appeals in ethics matters involving professionals in matters of financial products and services distribution and real estate brokerage (appeals from decisions of the ethics committees of the Chambre de la sécurité financière, of the Chambre de l'assurance de dommages and of the Organisme d'autoréglementation du courtage immobilier du Québec);
  8. Appeals (lodged before January 1st, 2021) and contestations in matters of provincial taxation (appeals and contestations regarding decisions of the Agence du Revenu du Québec);
  9. Contestations in mining and natural gaz matters (contestations of certain decisions of the Minister of Natural Resources and Forests);
  10. Contestations in matters involving the issuance of real estate brokerage licenses (contestations of decisions of the Organisme d’autoréglementation du courtage immobilier du Québec);
  11. Contestations in matters involving the dismissal or reduction of the salary of a director or manager of a police force (contestations of decisions of a municipal council);
  12. Contestations regarding the determination of the fair market value of patrimonial property (contestations of decisions of the Conseil du patrimoine culturel du Québec);
  13. Contestations in ethics matters involving lobbyists (contestations of decisions of the Lobbyists Commissioner).


Relevant documents for all regions of the Documentation Center