Which courthouse do I have to file my application in?

In detail

The Gouvernement du Québec lists several possible districts: the defendant’s domicile or last known residence; the place where the whole cause of action arose; the place where the contract was formed; for a defendant outside Quebec, the place of their residence or establishment in Quebec; the domicile elected by the defendant or designated in a contract, unless it is a contract of adhesion; and the place where the immovable is located if the application concerns an immovable.

Two rules protect people in an unequal position. In matters involving a contract of employment or a consumer contract, the application may be brought in the district of the employee’s or the consumer’s domicile. In insurance matters, in the district of the insured’s or the beneficiary’s domicile.

In practical terms, this means a consumer does not have to travel to the other end of Quebec to sue a merchant. A defendant who believes the district was wrongly chosen may ask for the case to be referred to another district.

What to document

The defendant’s exact address and how you obtained it, the place where the contract was entered into, and the place where the events happened. If you are relying on the consumer or employee rule, keep whatever establishes that status (contract, purchase order, record of employment).

Official sources

• Where to file your application — Gouvernement du Québec

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