Arbitration of small claims

Arbitration gives you the opportunity to settle a small claim.

If you decide to go to arbitration, you will be heard by an arbitrator during a session. This is your chance to express your point of view.

After the session, the arbitrator will render a final decision that cannot be appealed. This decision is called an arbitration award. It is public just like a court judgment. Anyone can look up a small claims arbitration award.

Lastly, you won’t need to look for an arbitrator to settle your small claim. The Ministère de la Justice will refer you to one, and the arbitrator’s services are at no charge to you.

Arbitration may be requested by the plaintiff or the defendant, if case qualifies.

Arbitration is always voluntary. It takes place only if both you and the other party choose it.

If you or the other party do not wish to use arbitration, the case will be decided by a judge at trial.

Ineligible cases

Cases not subject to mandatory mediation cannot go to arbitration. The same applies to cases where the Gouvernement du Québec is one of the parties. Finally, cases concerning the status and capacity of persons, family matters and questions of public order are not eligible for arbitration.

Claims of $5,000 and less (not including interest) are automatically sent to arbitration if a settlement has not been reached in mandatory mediation. So you don’t need to take any steps to have your case decided by an arbitrator.

An arbitrator will contact you and the other party after mediation.

You must appear in arbitration when summoned. If you don’t, the arbitrator may hand down a decision by default.

Refusal of arbitration

You may refuse arbitration if you prefer to have a judge rule on your claim.

After receiving the notice of arbitration, you have 30 days to complete and return the notice of refusal. You can download the notice of refusal of arbitration or complete it on the paper copy sent by mail. If you do not return the form within the time limit, we will assume that you agree to arbitration. In other words, we will assume that you agree to have an arbitrator—not a judge—settle your claim.

Requesting arbitration after withdrawing

You may ask to participate in arbitration even after refusing it. To do so, complete the Request for arbitration at no cost (SJ-1295A) (PDF 63 Kb) form. Arbitration takes place only if both you and the other party choose it. An arbitrator will contact you.

You must apply for arbitration if the amount in dispute is over $5,000 (not including interest).

You must have tried mediation beforehand, unsuccessfully.

Complete the Request for arbitration at no cost (SJ-1295A) (PDF 63 Kb) form to ask to participate in arbitration. It takes place only if both you and the other party choose it. An arbitrator will contact you.

The small claims arbitration process is the same, regardless of the amount claimed.

The arbitrator will review your case, studying your position and that of the other party, consulting the evidence filed, and possibly asking you to provide new evidence. They will check for comparable cases on which a judgment may have been rendered in the past (case law).

The arbitrator will not have access to your exchanges during the mediation session, since those are confidential.

You and the other party will be convened to an arbitration session unless you have asked for a judgment on the face of the record.

The session may be held in person (e.g., at the arbitrator’s office) or by technological means such as a virtual platform.

You will have the opportunity to express your point of view.

The arbitrator will then render a decision (arbitration award). The arbitrator can even make an award by default if you or the other party fail to attend. The arbitrator must hand down their decision no later than 30 days after the session. As with a decision by a judge, the decision (award) of a small claims arbitrator is final and without appeal. The arbitrator’s decision marks the closing of the file.

An award can be overturned on specific grounds. Find out more at the courthouse .

The arbitrator’s services are at no cost to you. The Ministère de la Justice pays the arbitrator’s fees.

You don’t need to look for an arbitrator to settle your small claim. The courthouse will assign one. The arbitrator will contact you.

Community Justice Centers  offer free virtual information sessions on Small Claims arbitration. Find out about upcoming sessions.

Questions et réponses - Arbitrage aux petites créances (PDF 404 Kb)