Minor Claims: Delays tripled after CAQ arrival

Since the CAQ came into power the delay in getting a hearing before the Small Claims Division has almost tripled and in some places has exceeded 1,000 days.

The government of Franுவாois Legalt has to wait an average of 593 days in Quebec before making small claims, compared to 223 days in 2018, the year of his inauguration.

Eight courts, including Longville and Soral-Tracy, face long delays, with plaintiffs waiting 1,151 and 913 days before appearing in court, respectively.

The number of cases has dropped significantly in the next four years, from nearly 20,000 to less than 15,000, according to judicial data.

Our intelligence office has visited various courts over the past few weeks and observed the consequences of this delayed eruption. For citizens, the wait can be long and stressful (See other texts below)

This is especially the case with Jean-Franசois Cummins, who has been suing for $ 5,000 for more than 2,000 days. To his surprise, the case was dismissed within three minutes in Montreal court last Monday.

“I’m happy, it’s over! I can move forward,” Mr Cummins said.

On the same day, in Sorrel-Tracy, after a 1,200-day wait, Matthew Turner was finally able to tell his story in court.

“You have to be patient. We should not wait to live after that, ”the family’s father testified.

According to the Associate Chief Justice of the Civil Division of the Quebec Court, several circumstances explain the current situation. However, the lack of judges to hear and adjudicate these cases is central to its concerns.

“If I don’t have judges I can’t make judges. And I have nothing, ”said Martin L. Tremble briefly states that he sought to add three new colleagues to Monterrey in October 2020, where delays are a concern for minor claims.

“It simply came to our notice then. So Langu is in pain, I do not deny it, ”she laments.

These delays are also responsible for the lack of attractiveness and retention of staff in the courts.

“Adults get tired, go somewhere else. If we lose our expertise, then there are mistakes and there are consequences [sur les délais] “An aide to the judiciary explains, he has no authority to speak to the media.

In government, these delays are believed to depend on a number of factors, which “do not always come under the purview of the Ministry of Justice”.

In an effort to improve the situation, the main focus is on improving mediation, as there is no other fund or program for small claims.

Infectious

With the arrival of COVID-19 in Quebec, the judicial system was paralyzed for five months. Martin L., Associate Chief Justice of the Civil Division of the Quebec Court. This explains the peak of 666 days reached last year, according to Tremblay.

Desolate registry

Missing document in file or notice of appointment sent to the wrong address: These errors may trigger delays and cause delays. Judicial services are responsible for the management of this case, but the staff is limited.

Lack of judges

Associate Chief Justice Martin L. Tremble calls on more judges in the civil sector, including smaller demands. The posts of judges added to Quebec courts in recent years are for criminal or juvenile cases.

The maximum amount that can be claimed on small claims increased from $ 7,000 in 2015 to $ 15,000. This increase brought about the role of complex controversies.

A bike that is much smaller now

Claim $ 12,574.65

The trial began in December 2018

Choral Tracy

Photo by QMI Agency, Pascal Ducas Borden

Matthew Turner and his son Jesse have been hearing their case before an accessible court in Quebec for more than 3 years.

A Montérégie father has been waiting more than three years to receive compensation for his son falling off his bike.

“Madame Justice, we have been waiting for you for many years,” Matthew Turner told the court last Monday.

In the summer of 2018, her six-year-old son, Jesse, got on his bike for the first time and fell severely after being improperly assembled by Toys “R” ass. Challenged by the company.

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Fortunately, the boy comes out with some scratches and good fear. However, both parties did not agree on compensation.

Mr. According to Turner, the judiciary is very “loose” when it comes to deadlines.

“Everything has holes. You can always resist anything. It will never end, ”he laments in an interview.

Judgment will be given in a couple of weeks as the case is currently pending. Jesse had time to get a new, much bigger bike.

Six years of waiting … due to an error in the address

$ 5,000 Claim

The trial began in June 2016

Montreal

Photo by Kathryne Lamontagne

Jean-Franois Cummins has been on trial in small claims since 2016. The case was finally dismissed in Montreal court last Monday.

In November 2018, John-Franோois Cummins appeared on bail at work and was told he had to embellish his salary following a verdict handed down against him. In shock, he goes to Montreal Court and tries to understand the situation.

He has been charged with assault since June 2016. In August 2018, in his absence, a trial was held and a verdict now condemns him to pay thousands of dollars to the plaintiff.

“I did not receive the paper,” explains Jean-Franோois Cummins, who says the address on the file is incorrect.

Denying that he had not committed the alleged acts, the citizen filed a petition to defend himself and to quash the verdict in vain.

The Supreme Court accepted him. The case was recommended for minor claims.

Both sides agreed to meet in court on Monday.

But the applicant did not appear. The judge quashed the earlier verdict and dismissed the case due to lack of evidence.

“There, I want peace,” the father of two said briefly, estimating he has lost about $ 7,000 in time and money over the past six years.

A solution that does not come

$ 5762.06 Claim

The trial began in January 2018

Laval

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Photo courtesy of the court

On August 15, 2015, it rained on the head of Andre Belicier. Her home was badly damaged when the washing machine next door to hers broke down. Although a judgment acknowledged the liability of the manufacturers in the previous case, Mr. The multinational company facing the Belizeans does not want a solution.

“We tried to be very fair so it could be easily resolved,” Mr. Laval told the court during the trial. Belize laments.

Why did the washer manufacturer insist on an investigation? “We can not explain it,” the Septuagint simply abandons. He also believes the company has incurred more legal costs than the amount claimed.

“When you deal with multinationals, make sure they have a big impact on their image and effects. You can expect some controversy.”

Judge Jean-Pierre Archambault finally ruled in favor of Mr. He accepted Pélissier’s request in part and ordered a refund of $ 2,800 to the manufacturer.

A vis-à-vis that does not come

$ 7,014.17 Claim

The trial began in January 2019

Quebec

Richard Del Vaux has been waiting more than three years for a customer to appear in small claims in the history of an unpaid invoice.

On the morning of the long-awaited hearing last March, the judge was forced to adjourn the whole matter. The displaced opposition was never informed of the investigation.

“It simply came to our notice then. I think it’s sad, ”the businessman told the court.

However, in January 2022 the new address of the defendant was announced in the register. For some unknown reason the change was not included in the file.

The trial was therefore adjourned for three months on “priority” grounds.

“It’s incredible,” he said. Del Vaux laments that he also laments the lack of simplicity and modernity in the system.

“You call them, it’s complicated. You’ve trying to get the file on the internet, even if you hand over the documents to me, they can not even access them,” he complains.