As a co-owner, it is possible that you or your co-ownership syndicate might have to use Quebec Court’s small claims division for a dispute under $15,000$. For the moment, please be aware that disputes under this instance remain on the shelves for nearly two years before being heard. And it has gotten longer since the pandemic.
Furthermore, even if you win your cause, you won’t get a check once you are out the courthouse. Another delay for the payment is expected. It usually takes 30 days for the adversary to pay out what they owe. But in some case, it might take multiple attempts.
Disputes are frequent when it comes to co-ownership. The judiciary process might take many shapes and can be long and complex. The Bill 8 project, filed by Justice Minister Mr. Simon Jolin-Barette on February 1st offers solutions that reduce the waiting time and simplify the small claims division’s process. This law project brings real improvements for co-owners and any person who needs this court.
What is Bill 8?
With the Act to improve justice efficiency and accessibility, Mr. Jolin-Barette wishes that legal services are easily accessible, quicker, and cheaper. Once this bill comes into force, co-owners who are in trial with the Small Claims Division can expect a ruling within three to nine months.
Bill 8 states that:
- When the dispute’s value is under $5,000, mediation will be mandatory. If neither party can come to an agreement, an arbitration procedure will be automatically implemented, by regulation.
- When the value of the dispute is between $15,000 and $100,000, citizens will have access to a simplified and accelerated process at Quebec’s Court.
- Amongst other Bill 8’s important points, it should be noted that the appointment of notaries to the office of the judge will now be possible. Notaries who have been practicing for at least 10 years will be eligible.
Did you know?
To this day, files of under $5,000 represent 50% of files filed at the small claims division. 60% of these are settled in mediation.
It is necessary to mention that it is important to react quickly when it comes to a dispute or a conflict occurring in a co-ownership building. Don’t wait that the situation gets worse. In that sense, the adoption of Bill 8 will help getting of concrete solutions to improve building management.
Finally, even though the real estate market has gotten quieter in the last few months, please know that co-ownership is a great option for first-time buyers. You have questions regarding co-ownership? Do not hesitate and call me (514) 975-1133.
