I'm being sued in the Court of Quebec can it be transferred to small claims?
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Short answer
In Quebec, a defendant sued in the Civil Division of the Court of Quebec or before a municipal court can ask to have the case transferred to the Small Claims Division, if they show that they themselves, as an applicant, could be heard there.
In detail
The request is made in writing, using form SJ-855, to the clerk of the district where the application was filed. It is the clerk who decides whether or not to accept the transfer.
Timing matters: for a transfer from the Civil Division, the request has to be made before the case is set down for trial and judgment. After that stage, the door closes.
The substantive condition is that the case be within the small claims jurisdiction: the amount, the nature of the application and, for a legal person, the 10-employee limit. The benefit of a transfer is direct · in small claims, the other side’s lawyer cannot argue against you.
What to document
The date you received the application, the amount claimed, and the elements that show the case meets the small claims criteria. Note the date of your transfer request and the clerk’s answer.
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
Related questions
- 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 kinds of claims are accepted in small claims?
- How much can I claim in small claims court?
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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.