Transfer of a case to the Small Claims Division
From the Civil Division to the Small Claims Division
If you are sued in the Civil Division of the Court of Québec, you can ask, on certain conditions, for your case to be transferred to the Small Claims Division.
It is important to note that an organization that had more than 10 employees in the 12 months leading up to the filing of the case cannot sue you in the Small Claims Division. It must bring the proceeding before the Civil Division of the Court of Québec.
To obtain a transfer, you must show that if you were the plaintiff, your case could be heard by the Small Claims Division.
- submit a written application using the prescribed form Application for transfer to the small claims Division before the case is set down for trial and judgment;
- submit your application to the clerk for the district where the original application was made.
The clerk will decide whether or not your application for a transfer is admissible.
From a municipal court to the Small Claims Division
Some municipal court cases can be transferred to the Small Claims Division.
As the defendant, you can apply to the clerk of a municipal court to have the case transferred to the Small Claims Division.
If the application is accepted by the municipal court judge, the record is sent to the clerk of the Small Claims Division, who notifies the parties and ensures the the proceeding is continued.