Does filing my claim stop the limitation period?
Short answer
Yes. In Quebec, filing a judicial application before the limitation period expires creates a civil interruption, provided the application is served on the person whose prescription is to be interrupted no later than 60 days after the period expires (art. 2892 of the Civil Code of Quebec).
In detail
Interruption is an important mechanism: it protects a person who acts in time even if their case will only be heard months later. What counts is the filing, and then service within the prescribed time.
Article 2892 states that a counterclaim, an intervention, a seizure and an opposition are considered judicial applications, as is a notice expressing the intention to submit a dispute to arbitration, on certain conditions.
Article 2895 provides a safety net: where an application is dismissed without a decision on the merits and the limitation period has expired or will expire in less than three months, the plaintiff has an additional three months from the notification of the judgment to assert their right.
What to document
The date and time of filing, the court file number assigned by the court office, and proof of service or notification on the other party with its date. Those three items date your interruption.
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.
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Official sources
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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.