New Code of Civil Procedure

December 17th, 2015 - The Quebec government announced that the new Code of Civil Procedure, adopted in 2014, will come into force on January 1, 2016. The new Code of Civil Procedure brings major changes to the legal process.

Some changes affect the jurisdiction of the courts. For example, the exclusive monetary jurisdiction of the Court of Québec now includes all claims where the amount claimed is less than $ 85,000. The jurisdiction of the small claims division had previously been increased to $ 15,000.

The new Code of Civil Procedure is intended to make justice more accessible. It is based on a new approach to litigation. Henceforth, the parties shall, before turning to the courts consider the use of private modes of prevention and resolution of their dispute, such as negotiation or mediation.

In addition, the new Code of Civil Procedure gives judges a greater role in the management of cases. At every stage of a case, the court may intervene to simplify or accelerate the process and shorten the length of trials or to invite the parties to participate in an amicable settlement conference.

In matters related to divided co-ownership, the new Code of Civil Procedure maintains the requirement for syndicates of co-ownership, when they receive a proceeding to; within five days, notify the co- owners of the object of the demand.