How Long Does Small Claims Court Take in Quebec?
The honest answer: months, not weeks. One Montreal litigant described an 18-month wait for a hearing date in 2023; that is not a province-wide timeline.
The Timeline, Stage by Stage
Response period: 20 calendar days. After being served, you have 20 days to file Form SJ-871E and pay the court fee. Separate evidence deadlines follow.
Exhibit submission: 10 days after response. Once your response is filed, you have 10 days to send supporting documents to the court. Final exhibits must reach the court and the other side at least 30 days before the hearing.
Mediation (if applicable): timing varies. For claims of $5,000 or under, mediation through SMEDAR is mandatory. For larger claims, it is voluntary. Sessions are scheduled based on mediator availability in your judicial district. The mediation itself lasts up to 3 hours.
Hearing date: timing varies by district. Each judicial district has its own queue, and volume varies.
Judgment: immediately to 4 months after the hearing. The judge may decide on the spot or take the case under advisement (en délibéré). If they reserve judgment, the written decision must come within 4 months after the hearing ends and is sent to both parties.
What Affects Your Wait Time
District. Hearing schedules vary by judicial district. If the plaintiff filed in an improper district, you can request a referral to another district on Form SJ-871E; the schedule may differ there.
Mediation outcome. If mediation succeeds, the case ends without a hearing. For claims of $5,000 or under, mandatory mediation is followed by arbitration if the dispute is not resolved.
Arbitration option. For claims of $5,000 or under where mediation fails, the case is referred to binding arbitration. For larger claims, both sides can voluntarily opt into arbitration as an alternative to waiting for a trial date.
Adjournments. Either side can request a postponement (ajournement), but judges grant them only for serious, unavoidable reasons. Each postponement can extend the schedule.
Use the Wait Productively
The long wait is not dead time. You can:
- Gather and organize evidence into a clear binder with sequentially labeled exhibits (D-1, D-2, etc.)
- Track down witnesses and prepare them for the hearing
- Negotiate with the plaintiff — settlement is possible at any stage
- Consult a lawyer for preparation advice (they cannot represent you at the hearing, but they can help you build your case)
The 30-day pre-hearing evidence deadline is your real preparation target. Everything filed after that cutoff may be excluded.
The Contesting a Small Claim in Quebec guide maps out the full timeline from service to judgment and includes a preparation calendar so you know what to do at each stage.
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