Sending a formal notice before filing an application

A formal notice is a letter ordering the defendant, in other words the person against whom the claim is made, to rectify a specific situation, in a particular way and within a given time. This gives the defendant an opportunity to settle the obligation without having to go to court.

In some types of proceedings, a formal notice is required, and you may lose your case simply because you failed to send a notice. It is better not to take the risk: you should send a formal notice before beginning proceedings.

In addition, a formal notice may, in many cases, lead to a settlement.

After sending a formal notice, you are not obliged to take the case to court. If the other party does not respond to the formal notice or fails to comply, you can still decide to pursue the option of mediation.

Latent defect

In a case based on a latent defect, you must give the other party notice in writing (in French) before you send a formal notice. The written notice must be sent within a reasonable time after you discover the hidden defect.

Writing a formal notice

You can write your formal notice yourself. The article Writing and sending a formal notice offers suggestions for writing a notice and sending it in a way that meets the legal requirements.

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