Quebec Small Claims Court Time Limit: Prescription and Deadlines

The Three-Year Prescription Period

Under Article 2925 of the Civil Code of Québec, the general prescription period for personal and contractual claims is three years from when the cause of action arose or the damage was discovered. After that period expires, the claim is prescribed under the general rule.

"Cause of action arose" means the date the breach happened: the day the contractor walked off the job, the day the invoice went unpaid past its terms, or the day you discovered the hidden defect. For hidden defects (vices cachés), the discovery date is important; the general three-year period runs from when the cause of action arose or the damage was discovered, not simply from the purchase date.

Critical point: Sending a formal notice (mise en demeure) does not stop or pause the prescription clock. The things that interrupt it are filing your court application or getting a written, signed acknowledgment of the debt from the debtor. If you're close to the three-year mark, don't assume the notice or its response period extends the deadline; complete the required notice and filing steps before prescription expires.

Shorter deadlines apply to claims against government bodies and municipalities. Some require written notice of damage within 15 to 60 days of the event under their governing statutes. If your claim involves a municipal road, a government vehicle, or a public institution, check the specific notice requirements before relying on the three-year general rule.

The 20-Day Response Window

After the court clerk serves your application on the defendant by registered mail, they have 20 calendar days to respond. The clock starts the day after confirmed receipt. If day 20 lands on a weekend or statutory holiday, the deadline extends to the next business day.

During this window, the defendant can:

• Pay the full amount
• Propose a settlement
• File a contestation
• File a counterclaim
• Request a third-party impleader

If no response is filed by the deadline, after any extension when the last day is a weekend or statutory holiday, the defendant is in default. You then file Form SJ-986 to request a default judgment — but you still need to prove your case through your documentary evidence.

The 30-Day Evidence Deadline

This is the deadline that catches people off guard. Primary supporting exhibits must be filed within 10 calendar days after the application or contestation is filed. Since March 11, 2021, additional exhibits, photographs, expert reports, and written witness affidavits must also be filed at the court registry and served on the opposing party at least 30 calendar days before the scheduled hearing date. The previous pre-hearing deadline was 21 days.

Documents submitted after this cutoff are inadmissible unless the judge grants an exception, which is not routine. If you get a mechanic's report on the damaged car two weeks before trial, you may not be able to use it.

Practical implication: Gather your evidence early. Don't wait for the hearing notice to start organizing. The 30-day countdown starts from the hearing date, and you'll need time to file properly — especially if you're doing it through the GNJQ portal.

How Long the Whole Process Takes

The procedural deadlines are measured in days and weeks. The actual wait for a hearing date is measured in months — often many months. Forum posts from Quebec claimants consistently report 18 to 36 months between filing and getting a hearing date. Wait times vary by judicial district and caseload.

Once you're at the hearing, the process moves fast. Most small claims hearings last 30 minutes to two hours. Judgments are either delivered orally from the bench or mailed to both parties within roughly two to four months.

Mediation and Arbitration Timelines

If your claim is C$5,000 or less, it's automatically referred to free arbitration unless you opt out. The arbitrator must issue a binding decision within 30 days of the arbitration session. Free mediation, available at any claim amount, requires the mediator to hold a session within 45 days of mandate assignment.

Both options are significantly faster than waiting for a trial date.

Tracking Every Deadline

The number of overlapping timelines — prescription, response window, evidence cutoff, mediation mandates, arbitration decisions — is what makes the process feel overwhelming. Our Quebec Small Claims Filing Guide includes a deadline calendar that maps every procedural window onto a single timeline, so you always know which deadline is next and when it hits.

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