C-25.01, r. 0.6.1 - Regulation respecting the mediation and arbitration of small claims

Section 21 Disposition versions

2023-11-23

21. An application for recovery of a small claim where the value in dispute is not more than $5,000, excluding interest, must be referred to mediation before the case may be heard by the court.

An application is not referred to mandatory mediation in the following cases:

(1)  one of the parties has filed with the court office, in accordance with the second paragraph of article 570 of the Code of Civil Procedure (chapter C-25.01), a certificate confirming that the party has gone to an assistance organization for persons who are victims that is recognized by the Minister of Justice for help as a person who is a victim of domestic or sexual violence on the part of the other party;

(2)  the parties have requested that judgment be rendered on the face of the record;

(3)  the application questions the operability, the constitutionality or the validity of a provision of an Act of the Parliament of Québec or the Parliament of Canada, of any regulation made under such an Act, of a government or ministerial order or of any other rule of law;

(4)  the application concerns reparation for an infringement or denial of fundamental rights and freedoms under the Charter of human rights and freedoms (chapter C-12) or the Canadian Charter of Rights and Freedoms (Part I of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11).

O.C. 1598-2023, s. 21.

Not in force

In force: 2023-11-23

21. An application for recovery of a small claim where the value in dispute is not more than $5,000, excluding interest, must be referred to mediation before the case may be heard by the court.

An application is not referred to mandatory mediation in the following cases:

(1)  one of the parties has filed with the court office, in accordance with the second paragraph of article 570 of the Code of Civil Procedure (chapter C-25.01), a certificate confirming that the party has gone to an assistance organization for persons who are victims that is recognized by the Minister of Justice for help as a person who is a victim of domestic or sexual violence on the part of the other party;

(2)  the parties have requested that judgment be rendered on the face of the record;

(3)  the application questions the operability, the constitutionality or the validity of a provision of an Act of the Parliament of Québec or the Parliament of Canada, of any regulation made under such an Act, of a government or ministerial order or of any other rule of law;

(4)  the application concerns reparation for an infringement or denial of fundamental rights and freedoms under the Charter of human rights and freedoms (chapter C-12) or the Canadian Charter of Rights and Freedoms (Part I of the Constitution Act, 1982, Schedule B to the Canada Act 1982 (UK), 1982, c. 11).

O.C. 1598-2023, s. 21.