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Deadlines, thresholds, and recourse in Quebec

The rules below are the ones we are asked about most often, each with the provision it rests on. Quebec is a civil law jurisdiction: its deadlines and thresholds differ from those elsewhere in Canada, and much of the content online cites figures that are out of date.

Last verified against official sources:

Limitation periods

In Quebec, the right to bring an action extinguishes over time. The applicable period, and the date it starts running, determine whether a claim is still available.

What is the limitation period for civil claims in Quebec?

An action to enforce a personal right or movable real right is prescribed by three years, where the prescriptive period is not otherwise determined by law.

Source : Art. 2925 C.C.Q.

In practice

Three years is the default rule, not a universal one: many claims carry their own period, often shorter. The period applicable to your specific situation should be verified before concluding that a claim is time-barred — or that it is not.

When does the limitation period start running?

Extinctive prescription runs from the day the right of action arises.

Source : Art. 2880 para. 2 C.C.Q.

In practice

This is where most limitation disputes are actually fought. The day a right of action arises does not always coincide with the conduct complained of: where harm appears later, fixing the starting point becomes the substance of the argument.

The formal notice (mise en demeure)

A required step before most civil proceedings, the formal notice is subject to requirements of form and delay that the Civil Code sets out expressly.

Must a formal notice be in writing in Quebec?

The extrajudicial demand by which a creditor puts a debtor in default must be made in writing. It must grant the debtor sufficient time for performance, having regard to the nature of the obligation and the circumstances.

Source : Art. 1595 C.C.Q.

In practice

Writing is a requirement, not a precaution. Beyond that, no particular form is imposed — Quebec courts have upheld formal notices sent through ordinary means of communication.

How much time should a formal notice allow?

Where the time granted is insufficient, the debtor may nonetheless perform the obligation within a reasonable time from the demand.

Source : Art. 1595 C.C.Q.

In practice

A short deadline buys no time: it is simply replaced by a reasonable one, assessed after the fact by the court. Sufficiency depends on the nature of the obligation — paying a sum of money and correcting defective work do not call for the same delay.

Which court hears the case

The amount at issue determines which court has jurisdiction. These thresholds changed in 2023 following a Supreme Court of Canada ruling, and much of the content online still cites the former figures.

What is the maximum amount in Quebec small claims?

The Small Claims Division hears claims where the principal amount does not exceed $15,000, calculated before interest.

Source : Code of Civil Procedure, Book VIII

In practice

Interest, the additional indemnity, and other charges may bring the total awarded above $15,000 without invalidating the claim: only the principal counts. A debt cannot be split into several claims of $15,000 or less to fit under the ceiling.

What is the Court of Québec monetary jurisdiction in civil matters?

The Court of Québec has exclusive jurisdiction where the amount claimed or the value in dispute is less than $75,000. From $75,000 to under $100,000, its jurisdiction is concurrent with the Superior Court and the plaintiff chooses. At $100,000 and above, the Superior Court alone has jurisdiction.

Source : Art. 35 C.C.P.

In practice

These figures replace the former $85,000 ceiling, held unconstitutional by the Supreme Court of Canada in Reference re Code of Civil Procedure (Que.), art. 35, 2021 SCC 27. Thresholds cited on many sites — $85,000, sometimes $70,000 — have been out of date since June 30, 2023.

Can the Court of Québec threshold change?

Yes. The limit is indexed annually to Quebec's Consumer Price Index and rises by $5,000 on September 1 following the year cumulative indexation reaches that amount. The Minister of Justice then publishes a notice in the Gazette officielle du Québec no later than August 1.

Source : Art. 35 C.C.P.

In practice

This is why any figure read online should carry a date. No notice had raised the limit as of this page's last verification, so the $75,000 threshold remains in force.

Challenging a tax assessment

The deadline to object to a notice of assessment depends on the level of government and the type of taxpayer — a distinction that sometimes decides whether a recourse exists at all.

What is the deadline to object to a federal assessment?

For an individual or a graduated rate estate, the deadline is the later of one year after the filing-due date for the year, or 90 days after the notice of assessment was sent. For a corporation, it is 90 days after the notice was sent.

Source : Income Tax Act (Canada), s. 165(1)

In practice

The widely repeated "90 days" rule is incomplete for individuals: the one-year-after-filing-due-date branch is often the longer of the two. An individual who believes the right to object lapsed after 90 days frequently still holds it.

What is the deadline to object to a Revenu Québec assessment?

A notice of objection must generally be filed within 90 days after the date the notice of assessment or determination was sent.

Source : Tax Administration Act (Quebec)

In practice

Federal and provincial deadlines run separately: objecting to a Canada Revenue Agency assessment does not suspend the deadline applicable to a corresponding Revenu Québec assessment.

Fees and costs

No fixed tariff binds lawyers in Quebec. Understanding the billing structures makes it possible to compare offers and anticipate what a file will actually cost.

How do lawyers bill in Quebec?

Three structures coexist: an hourly rate, a flat fee for a defined mandate, and a contingency fee proportional to the result — a percentage of the amount recovered, used mainly for monetary claims.

Source : Written fee agreement

In practice

The billing structure is negotiated before the mandate, not after. A written agreement should state the structure chosen, what it covers, how disbursements are handled (court fees, expert reports, bailiffs), and how often you will be billed.

What makes litigation cost more or less?

Cost depends less on the area of law than on the procedural path: how many steps are contested, the volume of evidence, whether expert reports are needed, and the length of the hearing.

Source : Practical guidance

In practice

A file resolved through a well-built formal notice costs a fraction of the same file taken to trial. That is why an initial assessment addresses the resolution strategy as much as the merits.

This reference is general information, not legal advice. How a rule applies depends on the facts of each file, and several exceptions are not covered here. For a specific situation, consult a lawyer.

A question about your situation?

An initial assessment establishes which deadline applies to your file and which court has jurisdiction, before time starts working against you.

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