Stay of hearing at the Small Claims Division
You can request a stay of hearing at the Small Claims Division if you meet all of the following conditions:
- another case before the Court of Québec or the Superior Court has the same juridical basis or raises the same issues of law as your small claims case;
- it is in the interest of both you and the adverse party to suspend the small claims hearing until a judgment in the other case has become final;
- the stay will not result in serious prejudice to the other party.
To file a request for a stay of hearing, you must use the prescribed form, available from the clerk of the Small Claims Division. The request must include, in particular, the record number for the other case before the Court of Québec or the Superior Court.
It is important to note that the clerk cannot provide an opinion on the advisability of your request or its possible consequences. For a legal opinion of this kind you should consult a legal advisor.