Lawyers in Quebec are preparing themselves for the coming into
force of the new Code of Civil Procedure in January 2016. The focus
seems to be on alternative dispute resolution, joint experts and
the new jurisdictional threshold of the Small Claims Division,
which was raised from $7,000 to $15,000. However, it is important
to note that the jurisdictional threshold of the Court of Quebec
will also increase from $70,000 to $85,000 in January 2016, which
is a significant change. Thus, plaintiffs who were used to reducing
the amount of their claim in order to be heard by the Court of
Quebec will be in a more advantageous position.
Following a recent ruling from the Court of Appeal, those
planning to file a claim before January 2016 may want to adopt
certain strategies in order to limit legal costs and professional
fees. Indeed, the Court had to interpret the Act that provides for the new jurisdictional
threshold for Quebec Small Claims Division, in force since