Preparing for the hearing and calling parties and witnesses
Both parties, after being called to the hearing by the clerk, must file all the documents they intend to use as evidence, within the time limit.
Affidavit in lieu of testimony
A written document, called an affidavit in lieu of testimony, may replace a person’s testimony.
Amendment of an application after filing
You can amend an application that has already been filed at the Small Claims Division.
The plaintiff must gather together all the exhibits needed as evidence when filing an application, and make them available to the clerk within the time limit.
Witnesses called to a hearing
Witnesses and expert witnesses are needed to provide valid evidence. All witnesses are entitled to the reimbursement of their meal and travel costs.
Postponement and time needed to obtain a hearing
The Ministère de la Justice can tell you how long it will take to obtain a hearing in your case.
In some cases, the defendant in a case at the Small Claims Division must be represented by a designated person.
Stay of hearing at the Small Claims Division
On certain conditions you can request a stay of hearing for a case before the Small Claims Division.
Discontinuance of a case at the Small Claims Division
A plaintiff can discontinue a case after filing an application. In general, the plaintiff must then reimburse the defendant’s judicial fees.
Last update: September 9, 2021