Time limit for filing an application (prescription)

If you want to file an application at the Small Claims Division, you should do so as soon as possible after the incident that caused the dispute. Your right to sue does not last forever.

Depending on the nature of your claim, you have between 2 weeks and 10 years to begin proceedings. Once this time has elapsed, it is too late to file an application. 

For more information, contact:

• the clerk of the court where you plan to file an application at the Small Claims Division;
• a legal advisor. 

Please note: The clerk can provide some information about small claims, but cannot give a legal opinion concerning a more complex situation, for example where a time limit has been suspended.

If the proceeding concerns:

• a debt, the time limit is calculated from the moment when repayment is due;
• unpaid goods, the time limit is calculated from the moment when payment is due;
• unpaid services, the time limit is calculated from the moment when the service was performed;
• a latent defect, the time limit is calculated from the moment when the defect is discovered;
• a defect that appears gradually, the time limit is calculated from the moment when the purchaser becomes aware of the seriousness of the problem;
• damage, the time limit is calculated from the moment when the fault is committed and the damage occurs, if they are simultaneous. If the damage is gradual or delayed, the time limit is calculated from the moment when the damage begins to appear.

This list is not exhaustive but covers the most common cases.

Who can raise the fact that the time limit has expired?

Under the Civil Code of Québec, the judge cannot raise the fact that the time limit for filing an application has expired. Only the defendant can do so.