How long do I have to sue someone in Quebec?
Short answer
In Quebec, an action to enforce a personal right or a movable real right for which the limitation period is not otherwise established is prescribed by three years (art. 2925 of the Civil Code of Quebec).
In detail
Three years is the general rule: most contractual claims and most claims for damages fall under article 2925. But the law sets different periods for certain situations, and you have to check which one applies to you.
Article 2926 sets the starting point where the injury “appears gradually or tardily”: the period then runs from the day the injury first appears. The Government of Quebec gives the example of a latent defect: the starting point may be the moment the defect is discovered, or the moment you suspect how serious the problem is where the defect appears gradually.
Some recourses have short, specific time limits. For a claim against a municipality for property damage, the Government of Quebec indicates a period that is generally 6 months, preceded by a notice of intention to sue within 15 days after the events — failing which the right to sue may be lost. Article 2884 finally recalls that no limitation period other than the one provided by law may be agreed upon.
What to document
The exact date of the event, the date you became aware of the problem, and the date you realized how serious it was. Those three dates are not always the same, and it is often the second or the third that starts the clock.
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
- Civil Code of Quebec, arts. 2884, 2925 and 2926 (Légis Québec)
- Time limit for filing a lawsuit (limitation period) — Government of Quebec
Related questions
- What is the time limit to sue after an assault or violence?
- What is the time limit to sue for defamation in Quebec?
- Does filing my claim stop the limitation period?
- What is the time limit to file a complaint with the CNESST against my employer?
- What are the time limits to claim a work injury and to challenge a decision?
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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.