Discovering a latent defect after the purchase of a house, condo or even movable property is a stressful situation that raises an important question: in which court should you file your claim?
In Quebec, the choice of jurisdiction depends mainly on the amount claimed and the nature of the dispute. Some cases are settled in the small claims division, others must be heard by the Court of Québec or the Superior Court.
Understanding these distinctions is essential to avoid wasting time, incurring unnecessary costs or having your appeal rejected for procedural irregularities. In this article, we explain the criteria to consider, illustrated by concrete examples of case law, in order to help you guide your steps.
Court of Québec, Small Claims Division
According to article 536 of the Code of Civil Procedure of Québec, you can bring an action before the Small Claims Division of the Court of Québec, provided that the value or amount claimed by the debt is not more than $15,000 without taking into account interest. In this division, you must represent yourself alone or appoint a friend, spouse or ally free of charge. You do not have the right to a lawyer. However, you can use a lawyer to prepare the presentation of your case as outlined in article 542 of the Code of Civil Procedure of Quebec.
For example, you buy a home and, before buying, you have the property inspected to make sure it doesn’t have any major defects. However, after the purchase, you discover that the insulation and ventilation of the attic are inadequate in addition to the fact that the insulating wool is in direct contact with the wooden decking. These problems resulted in excessive accumulation of moisture, frost and condensation, which resulted in water infiltration. In this case, you could file an action for latent defects with the Court of Québec, Small Claims Division, to claim the amount necessary to repair the roof. However, this amount must not exceed the $15,000 limit.
The Court of Québec, Civil Division
The Court of Québec has exclusive jurisdiction to hear applications in which either the value of the subject matter of the dispute or the amount claimed is less than $75,000 and concurrent jurisdiction with the Superior Court, at the option of the plaintiff, when the value or amount reaches or exceeds $75,000 but is less than $100,000.
For example, in the case St-Laurant v. Beard , the buyer brought an action for latent defects following the acquisition of his property. He discovered several problems affecting the house, including a leak at the base of the brick siding, water infiltration into the cold room, and a sealing problem at the base of the window near the main entrance door. The purchaser then claimed $25,786.49 for decontamination costs, $26,038.45 for construction and repair costs, $4,599 in costs that it considers necessary for the repair of construction defects on the top of the windows and $6,323.65 in expert fees. The total of these costs being $82,747.59, the buyer chose to bring its action before the Court of Quebec. However, he could also have turned to the Superior Court, since the amount claimed was between $75,000 and $100,000.
It should be noted that, since June 2024, procedures have been simplified at the Court of Québec, particularly with regard to the preparation of a file for a hearing. This simplification reduces the cost of legal fees, which cannot be claimed in court.
The Superior Court
You can also file a claim with the Superior Court when the claim amounts to $75,000 or more. Indeed, if the amount claimed is between $75,000 and $100,000, you have the choice of filing your action either in the Superior Court or in the Court of Quebec in accordance with article 35 of the Code of Civil Procedure of Quebec.
For example, if you acquire a tractor valued at $62,150 and, after the sale, you discover the presence of a latent defect, you can request the cancellation of the sale and, depending on the circumstances, claim damages, for example worth $36,049. The total amount of your claim would then be $98,999. Thus, since this amount is between $75,000 and $100,000, you have the option of choosing between the Court of Quebec and the Superior Court to initiate your action.
Choosing the right jurisdiction to bring a latent defect claim is a crucial step, as a mistake at this stage can compromise your rights or lead to additional delays and costs.
At Lambert Lawyers, we analyze your situation, assess your chances of success and guide you towards the most advantageous strategy. Contact us today for an evaluation of your case and for solid support in your claim for latent defects.