Do I have to send a formal notice before suing?
Short answer
For certain types of lawsuit a formal notice (mise en demeure) is mandatory, and not sending one can cost you the case (Government of Quebec); the extrajudicial demand by which a creditor puts a debtor in default must be made in writing and must allow sufficient time for performance (art. 1595 of the Civil Code of Quebec).
In detail
A formal notice (mise en demeure) is a letter, not a Department of Justice form. The Government of Quebec explains that its purpose is to prompt the recipient to do or stop doing something within a set time, and that it offers a chance to settle without going to court. Sending one does not require you to sue afterwards, and nothing requires the recipient to act on it.
Article 1594 of the Civil Code provides that a debtor may be put in default by the terms of the contract itself, by an extrajudicial demand from the creditor, by a judicial application, or by the sole operation of law. Article 1595 requires a writing and a period that is “sufficient, taking into account the nature of the obligation and the circumstances”; failing that, the debtor may still perform within a reasonable time.
One situation is worth flagging: for latent defects, the Government of Quebec indicates that the seller must be notified in writing of the discovery of the defect, within a reasonable time after the discovery, and that a formal notice letter can serve as that notice.
What to document
A copy of the letter you sent, the date it was sent, how it was sent, and above all proof that it was received. Also keep the reply you received — or the absence of any reply once the deadline you set had passed.
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
Related questions
- What should I write in a formal notice and how do I send it?
- How much does it cost to file a small claims application?
- When do I have to file my evidence with the court?
- How do I identify and number my exhibits?
- Do I have to give my evidence to the other party before the hearing?
See all the answers · the full guide collection · Lire en français
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.