Quebec Small Claims Court District Transfer Request

If you have been sued in a Quebec small claims court that is nowhere near where you live or where the dispute happened, you may be able to get the case moved to the correct judicial district. Here is how district transfers work.

When a Transfer Applies

Quebec is divided into 36 judicial districts, each with its own courthouse and court registry. The plaintiff chooses where to file, but the Code of Civil Procedure limits the choice. A small claim should be filed in the district where:

• The defendant resides
• The contract was formed, or
• The cause of action occurred (where the work was done, the accident happened, etc.)

If the plaintiff filed in a district that does not match any of these, the case is in the wrong territorial jurisdiction, and you can request a transfer.

How to Request a Transfer

For a district referral in a Small Claims case, raise it in your Form SJ-871E response within 20 days. A transfer from another division of the Court of Québec uses a separate application and has a different cutoff.

Option 1: Request a referral on Form SJ-871E. When you file your response, select the referral option and explain that the judicial district is incorrect. State which district has proper jurisdiction and why (you live there, the contract was formed there, the work was performed there). This is the simpler route and does not require a separate form.

Option 2: File Form SJ-855. This is the dedicated Demande de transfert à la Division des petites créances for a case filed in another division of the Court of Québec. The application must be filed before the case is set down for trial and judgment. The clerk decides whether it is admissible. A transfer from a municipal court follows a separate application to that court's clerk, and a municipal court judge decides whether to accept it. For a district-to-district referral, use the referral option in Form SJ-871E.

For a district referral, the clerk notifies the plaintiff, who has 10 days to respond, and the court decides the request. If a transfer or referral is granted, the file moves to the appropriate registry.

Practical Considerations

Filing in the wrong district does not automatically dismiss the claim. If you believe the district is incorrect, request a referral to another district in Form SJ-871E.

Transferring can help or hurt. A transfer to your home district means less travel for you. A transfer from Montreal to Sept-Îles could change the hearing schedule; each district has its own queue.

Raise it early. If you believe the district is incorrect, include the objection in your response rather than waiting until the hearing.

The 20-day deadline still applies. A district referral does not pause or extend the response deadline. File Form SJ-871E within 20 days and include the referral request in it.

The Contesting a Small Claim in Quebec guide covers territorial jurisdiction rules and walks through the transfer request process as part of the Form SJ-871E response options.

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