C-25 - Code of Civil Procedure

Section 958 Disposition versions

2003-01-01

958. An action involving a small claim must be brought before the court of the defendant’s domicile or last known place of residence, the court of the insured’s domicile where the action is brought against an insurer, the court of the place where the cause of action arose or the court of the place where the contract was formed. If the defendant is not domiciled in Québec, the action may also be brought before the court of the defendant’s place of residence or establishment in Québec.

If the plaintiff resides more than 80 kilometres from the defendant’s domicile, the plaintiff may file the statement of claim at the court of the plaintiff’s own domicile or, if the plaintiff is not domiciled in Québec, at the court of the plaintiff’s place of residence or establishment in Québec. In such a case, the statement of claim is transmitted by the clerk to the office of the court chosen by the plaintiff pursuant to the first paragraph.

1971, c. 86, s. 1; 2002, c. 7, s. 148.

1977-12-31

958. The creditor, either personally or through his mandatary, states his allegations to the clerk entrusted with the application of this Book.

1971, c. 86, s. 1.