C-25.01 - Code of Civil Procedure

Section 35 Disposition versions

2023-06-30

35. The Court of Québec has exclusive jurisdiction to hear and determine applications in which the value of the subject matter of the dispute or the amount claimed, including in lease resiliation matters, is less than $75,000 and concurrent jurisdiction with the Superior Court, at the plaintiff’s option, where that value or amount is equal to or exceeds $75,000 but is less than $100,000, exclusive of interest; it also hears and determines applications ancillary to such an application, including those for the specific performance of a contractual obligation. However, it does not have either one of those jurisdictions in cases where jurisdiction is formally and exclusively assigned to another court or adjudicative body, or in family matters other than adoption. The plaintiff’s option continues to prevail if the chosen court retains jurisdiction under the second paragraph.

An application brought before the Court of Québec is no longer within the jurisdiction of that Court if a cross-application is made for an amount or value equal to or exceeding $100,000, or if an amendment to the application increases the amount claimed or the value of the subject matter of the dispute to $100,000 or more. Conversely, the Court of Québec alone becomes competent to hear and determine an application brought before the Superior Court if the amount claimed or the value of the subject matter of the dispute falls below $75,000. The record is transferred to the competent court if all parties agree or if the court so orders on its own initiative or on a party’s request.

If two or more plaintiffs join together or are represented by the same person in the same judicial application, the Court of Québec has jurisdiction if it would be competent to hear and determine each plaintiff’s application.

The monetary limit for the Court of Québec’s exclusive jurisdiction is increased by $5,000 on 1 September of the calendar year following the calendar year in which the total amount resulting from annual adjustment of the indexed limit amount on the basis of the Consumer Price Index for Québec, determined by Statistics Canada, since the last increase is equal to or exceeds $5,000. A notice stating the monetary jurisdiction limit of the Court resulting from that calculation is published in the Gazette officielle du Québec by the Minister of Justice not later than 1 August of the year in which the new limit comes into force. Judicial applications introduced before 1 September of that year continue before the court seized. The same applies to the increase in the upper monetary limit for the Court of Québec’s concurrent jurisdiction and to the annual adjustment of the upper limit amount.

2014, c. 1, a. 35; I.N. 2016-12-01; 2023, c. 3, ss. 3 and 43.

2016-12-01

35. The Court of Québec has exclusive jurisdiction to hear and determine applications in which the value of the subject matter of the dispute or the amount claimed, including in lease resiliation matters, is less than $85,000, exclusive of interest; it also hears and determines applications ancillary to such an application, including those for the specific performance of a contractual obligation. However, it does not have such jurisdiction in cases where jurisdiction is formally and exclusively assigned to another court or adjudicative body, or in family matters other than adoption.

An application brought before the Court of Québec is no longer within the jurisdiction of that Court if a cross-application is made for an amount or value equal to or exceeding $85,000, or if an amendment to the application increases the amount claimed or the value of the subject matter of the dispute to $85,000 or more. Conversely, the Court of Québec alone becomes competent to hear and determine an application brought before the Superior Court if the amount claimed or the value of the subject matter of the dispute falls below that amount. In either case, the record is transferred to the competent court if all parties agree or if the court so orders on its own initiative or on a party’s request.

If two or more plaintiffs join together or are represented by the same person in the same judicial application, the Court of Québec has jurisdiction if it would be competent to hear and determine each plaintiff’s application.

Not in force

The monetary jurisdiction limit of the Court of Québec is increased by $5,000 on 1 September of the calendar year following the calendar year in which the total amount resulting from annual adjustment of the indexed limit amount on the basis of the Consumer Price Index for Québec, determined by Statistics Canada, since the last increase is equal to or exceeds $5,000. A notice stating the monetary jurisdiction limit of the Court resulting from that calculation is published in the Gazette officielle du Québec by the Minister of Justice not later than 1 August of the year in which the new limit comes into force. Judicial applications introduced before 1 September of that year continue before the court seized.

2014, c. 1, a. 35; I.N. 2016-12-01.

2016-01-01

35. The Court of Québec has exclusive jurisdiction to hear and determine applications in which the value of the subject matter of the dispute or the amount claimed, including in lease resiliation matters, is less than $85,000, exclusive of interest; it also hears and determines applications ancillary to such an application, including those for the specific performance of a contractual obligation. However, it does not have such jurisdiction in cases where jurisdiction is formally and exclusively assigned to another court or adjudicative body, or in family matters other than adoption.

An application brought before the Court of Québec is no longer within the jurisdiction of that Court if a cross-application is made for an amount or value equal to or exceeding $85,000, or if an amendment to the application increases the amount claimed or the value of the subject matter of the dispute to $85,000 or more. Conversely, the Court of Québec alone becomes competent to hear and determine an application brought before the Superior Court if the amount claimed or the value of the subject matter of the dispute falls below that amount. In either case, the record is transferred to the competent court if all parties agree or if the court so orders on its own initiative or on a party’s request.

If two or more plaintiffs join together or are represented by the same person in the same judicial application, the Court of Québec has jurisdiction if it would be competent to hear and determine each plaintiff’s application.

Not in force

The monetary jurisdiction limit of the Court of Québec is increased by $5,000 on 1 September of the calendar year following the calendar year in which the total amount resulting from annual adjustments of the indexed limit amount on the basis of the Consumer Price Index for Québec, determined by Statistics Canada, since the last increase is equal to or exceeds $5,000. A notice stating the monetary jurisdiction limit of the Court resulting from that calculation is published in the Gazette officielle du Québec by the Minister of Justice not later than 1 August of the year in which the new limit comes into force. Judicial applications introduced before 1 September of that year continue before the court seized.

2014, c. 1, a. 35.