Of the 1,800 small claims cases heard annually in Quebec, the majority are worth less than $5,000. (Archive photo)
Mathieu Gohier (View profile)Mathieu Gohier
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As of Friday, residents of the Quebec region who wish to settle a dispute for less than $5,000 in Small Claims Court will first have to contact a mediator. This measure aimed at reducing delays will eventually be applied throughout the province following a pilot project carried out in four other judicial districts.
In an interview with Radio-Canada, the Minister of Justice, Simon Jolin-Barrette, explains that the choice of Quebec to conduct this experiment is not a coincidence. In the Capitale-Nationale region, small claims cases take too long to be resolved, he believes.
It's almost two years of waiting before having a judgment, while with the solution we are proposing, it's between three and six months to have mediation and arbitration, illustrates Mr. Jolin-Barrette.
If, after three hours of state-paid mediation, the dispute over $5,000 is not resolved, an arbitrator will be called to decide. With this appeal, the Minister of Justice believes that a clear message is being sent to the parties.
When we is in a dispute situation, we have to get the parties to talk to each other, because ultimately, if they do not participate in the solution, it will be a solution imposed by a third party, explains Mr. Jolin-Barrette, who adds that 60% of cases heard before a mediator are resolved this way.
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The Minister of Justice, Simon Jolin-Barrette, believes that a clear message is being sent to the parties in dispute: we must get them to talk to each other.
In the case of disputes over $5000, mediation and arbitration remain optional and may be requested by the parties.
Of the 1,800 small claims cases heard annually in Quebec, the majority are worth less than $5,000. By freeing judges from these cases, the government is freeing up valuable time for magistrates to allow them to devote themselves to more serious cases, which can in turn be resolved more quickly.
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ELSE ON NEWS: Canada bears the mark of Brian Mulroney, the builder< p class="StyledBodyHtmlParagraph-sc-48221190-4 hnvfyV">This will allow these judges to devote their time to pending cases […] cases that go up to $100,000, of greater complexity. It is important to use our judicial resources in an optimal way, adds Minister Jolin-Barrette.
The Ministry of Justice calculates that it takes an average of 22 months to obtain a hearing before a judge in the Quebec region at present.
< p class="StyledBodyHtmlParagraph-sc-48221190-4 hnvfyV">The expanded application of mediation will cost the Quebec government approximately $40 million over the next five years.
The government has not determined when all judicial districts will impose mediation following the pilot project, but the Minister of Justice says have the firm intention.
In certain places in Quebec, the deadline is three years for small claims, this is not 'is not acceptable, he judges.
Teilor Stone has been a reporter on the news desk since 2013. Before that she wrote about young adolescence and family dynamics for Styles and was the legal affairs correspondent for the Metro desk. Before joining Thesaxon , Teilor Stone worked as a staff writer at the Village Voice and a freelancer for Newsday, The Wall Street Journal, GQ and Mirabella. To get in touch, contact me through my teilor@nizhtimes.com 1-800-268-7116
