Author: Sébastien Girard

June 30, 2023, marks the effective date for most of the amendments to the Code of Civil Procedure introduced by the Act to improve justice efficiency and accessibility, in particular by promoting mediation and arbitration and by simplifying civil procedure in the Court of Québec (the “Act”), particularly by promoting mediation and arbitration and providing a simplified civil procedure in the Court of Quebec. These changes primarily seek to streamline the procedure applicable to the Court of Quebec and encourage the use of private dispute resolution methods.

Some of the amendments have a significant impact on the course of proceedings. Here’s a brief overview:

• Concurrent jurisdiction of the Superior Court and the Court of Quebec: The Acte provides that when the claimed amount or the subject matter in dispute reaches or exceeds $75,000 and is less than $100,000, the jurisdiction is concurrent between the Superior Court and the Court of Quebec, at the plaintiff’s choice. Claims where the claimed amount or the value of the subject matter is less than $75,000 fall exclusively under the jurisdiction of the Court of Quebec.
• Simplified procedure in the Court of Quebec: The Acte introduces a simplified procedure automatically applicable to civil disputes instituted in the Court of Quebec when the value in dispute is less than $100,000. This simplified procedure includes various provisions such as a fixed schedule, and limitations on the number of examinations for discovery.
• These amendments aim to enhance access to justice by facilitating faster and more cost-effective judicial services while promoting private dispute resolution methods. However, their successful implementation will depend on the availability of court resources and personnel.

To learn more about these changes, the reader may consult the French version of this article or attend the online conference on June 14, 2023, where Judge Marie-Julie Croteau, Deputy Coordinating Judge of the Civil Division in Montreal, at the Court of Quebec, will discuss the modified jurisdictional allocation of the Court of Quebec and the new simplified procedural rules.

For more information on this conference, click here.