What happens if I do not show up for my hearing?
Short answer
In Small Claims in Quebec, if a party is absent at the time set for the hearing, the court may, if it does not postpone the matter, render judgment on the evidence presented (art. 559 of the Code of Civil Procedure).
In detail
In other words, the case can be decided without you, on the basis of what the other party presents. That is one of the reasons Éducaloi recommends taking the whole day of the trial off work: several trials are scheduled at the same time and yours might not start at the time indicated.
A judgment rendered in your absence is not necessarily the end of the road. Article 345 of the Code of Civil Procedure provides for the revocation of a judgment in certain cases, in particular where the party was unable to file a defence because of a cause that has since ceased. Article 347 sets a 30-day time limit to serve the application for revocation, running from the day the cause of the impediment ceased or from the day the party learned of the judgment.
The tariff applicable to an application for revocation in Small Claims is the same as for the original application ($121, $223 or $241 for a natural person depending on the amount at stake).
What to document
If something prevents you from attending, document it immediately: a medical note, a hospitalization notice, proof of travel, an email sent to the court office. Also note the date you learned of the judgment — that is what starts the 30-day period.
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
- Code of Civil Procedure, arts. 345, 347 and 559 (Légis Québec)
- Schedule of court fees — Small Claims (Government of Quebec)
- 8 tips for preparing your Small Claims trial (Éducaloi)
Related questions
- Can I appeal a small claims judgment?
- How do I get my file from my employer, my insurer or a company?
- How do I get a document from a government department, a city or a public body?
- What happens if the other party lies under oath?
- How should I dress and behave in 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.