C-25, r. 2 - Ministerial Order respecting the notice to the defendant, notice to the defendant in family matters, notice to the debtor, and notice setting out options available to the defendant, pursuant to articles 119, 580.1, 813 and 964 of the Code of Civil Procedure

Schedule Disposition versions

2012-09-01

SCHEDULE 4

(art. 964, CCP)

NOTICE OF DEFENDANT’S OPTIONS

The plaintiff has filed this statement of claim in the office of the Small Claims Division of the Civil Division of the Court of Québec.

Take notice that you have the following options and that if you fail to indicate an option to the clerk within 20 days of this notification, judgment may be rendered against you without further notice or extension:

— you may pay the amount claimed and the plaintiff’s disbursements, either to the clerk or to the plaintiff, in the latter case, forwarding proof of payment or the acquittance obtained from the plaintiff to the clerk;

— you may make a settlement with the plaintiff and send a copy of the agreement signed by the plaintiff and yourself to the clerk; or

— you may contest the merits of the action and so advise the clerk, specifying the grounds for the contestation. In that case, you may: request that the dispute be referred to mediation; apply for the referral of the case to another judicial district or to another court, specifying the grounds for your request; request that another person be impleaded to allow a complete resolution of the dispute, in which case you must inform the clerk of the person’s name and last known address; and make a counter-claim against the plaintiff provided it arises out of the same source as the plaintiff’s claim or from a related source and is admissible under the Book respecting small claims.

M.O. 2128, Sch. 4.