Can I sue a city or the government in small claims?
Short answer
In Quebec, you can sue the Gouvernement du Québec in the Small Claims Division, but not the Government of Canada. Against a municipality, the time limit to claim for material damage is 6 months, and it is essential to notify the municipality within 15 days after the events.
In detail
Lawsuits against the Gouvernement du Québec appear in the list of applications admissible in small claims. Those against the Government of Canada do not: they have to be filed in the Superior Court of Québec or in the Federal Court.
For municipalities, two very short time limits apply. A claim for material damage is prescribed 6 months after the date the damage was suffered, and the Gouvernement du Québec stresses that it is essential to notify the municipality of the damage within 15 days after the events. For bodily injury, the time limit is 3 years from when it begins to appear.
Those deadlines explain why so many claims against a city fail: the pothole that damaged the car in March can no longer be claimed for in October if no notice was given.
What to document
The exact date and time of the incident, the precise location, immediate photos, and above all the date and the proof of the notice sent to the municipality within the 15 days. Keep the file number the city opened, if there is one.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Applications admissible and not admissible in small claims — Gouvernement du Québec
- Time limit for filing a small claims lawsuit — Gouvernement du Québec
Related questions
- Can I split my claim to stay under $15,000?
- Can I claim interest on top of the amount?
- I'm being sued in the Court of Quebec can it be transferred to small claims?
- How do I get a copy of the small claims judgment?
- Are there free training sessions to prepare for small claims?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.