Bill 8: Substantial Changes to Civil Procedure Coming June 30, 2023

By: Antoine Hammam

Co-Authored By: Corey Friedman

Introduction

June 30, 2023 will mark the entry into force of Bill 8: An Act to improve justice efficiency and accessibility, in particular by promoting mediation and arbitration and by simplifying civil procedure in the Court of Québec [1]. This Bill introduces amendments to multiple laws, most notably to the Code of Civil Procedure, with substantial changes to the civil procedure applicable at the Court of Québec.

Below are the highlights of the changes implemented by Bill 8 with regard to the civil procedure before the Court of Québec. These changes only apply to cases introduced on or after June 30, 2023 [2].

Material Jurisdiction of the Court of Québec

• The Court of Québec will have exclusive jurisdiction where the subject matter of the dispute is less than $75,000. This modification follows the recent ruling of the Supreme Court of Canada [3], whereby the previous threshold of $85,000 was deemed unconstitutional. Hence, the Court of Québec and the Superior Court will now share jurisdiction over cases where the subject matter of the dispute is $75,000 or more but is less than $100,000. In these instances, the choice of jurisdiction is left to the plaintiff [4];
• The monetary threshold which determines the Court of Québec’s exclusive jurisdiction will be subject to adjustment based on the Consumer Price Index for Québec [5].

Abolition of the Case Protocol

• The case protocol, introduced by the reformed Code of Civil Procedure of 2016, is now abolished entirely before the Court of Québec[6];
• The procedural delays which were previously subject to agreement between the parties in the case protocol are now established within the Code of Civil Procedure [7];
• Cases will be subject to a case management hearing held no later than 110 days after service of the summons [8].

Material Limits to Pleadings

• The plaintiff’s originating application will be limited to five pages, unless the Court authorizes the submission of additional pages [9];
• The defendant’s summary of defense will be limited to two pages in length, though this limit increases to seven pages when a cross application is filed by the defendant[10];
• Pre-trial written examinations, when permitted, will now be limited to three pages in length [11];
• Testimony by affidavit must not exceed five pages in length and are admitted to evidence if notified to the other parties prior to the trial [12].

Pre-Trial Oral Examinations for Discovery

• Pre-trial oral examinations are prohibited in cases where the value of the subject matter of the dispute is greater than or equal to $50,000 [13]; this threshold was previously set at $30,000;
• Only one pre-trial oral examination for discovery can be conducted per party [14].

Expert Opinions

• Joint expert opinions – as opposed to contradictory opinions filed by each party – are now mandatory where the amount claimed, or the value of the property claimed in the judicial application, is less than $50,000 [15];

Judicial Conciliation and Setting Down for Trial

• A mandatory settlement conference is held between 130 and 160 days of the service of the summons [16];
• If the parties fail to settle their dispute, the conference is converted to a pre-trial conference where the parties can ready the case for trial [17];
• The court clerk can set the case down for trial at either the case management conference or at the pre-trial conference or within six months of the service of the summons [18];
• Whereas the plaintiff – with the collaboration of the defendant – previously bore the onus to file an application to set the file down for trial, this process is now abolished and replaced by the steps outlined above.

Conclusion

The procedural changes entering into force as of June 30, 2023, will drastically change the practice of civil litigation before the Court of Québec. Lawyers and parties may have to make strategic decisions when the dispute falls within the shared jurisdiction of the Court of Québec and the Superior Court. The abridged and likely less costly procedure before the Court of Québec will be an attractive avenue to litigants who wish to avoid heavier procedural requirements and see their cases advance to trial quickly. The close monitoring by judges through case management hearings and pre-trial conferences, combined with the obligation to hold a settlement conference before trial, are expected to help limit abusive and/or frivolous proceedings, reduce trial durations and relieve the pressures on our justice system. The expected outcome is an increased accessibility to justice for all.

We encourage you to contact KRB’s litigation team to learn more about how these changes can affect your case:

• Gabriel Di Genova, Department Co-Chair | Partner: gabriel@krblaw.ca
• Matthew W.P. McLaughlin, Department Co-Chair | Partner: mclaughlin@krblaw.ca
• Antoine Hammam, Associate: hammam@krblaw.ca

[1] An Act to improve justice efficiency and accessibility, in particular by promoting mediation and arbitration and by simplifying civil procedure in the Court of Québec, Bill 8 (Introduced — February 1, 2023), 43^rd Legislature, 1^st Session (Qc), Explanatory Notes (hereinafter “Bill 8”).

[2] Bill 8., art. 41(1).

[3] Reference re Code of Civil Procedure (Que.), art. 35, 2021 SCC 27.

[4] Bill 8, art. 3; C.C.P., art. 35, 535.1.

[5] Bill 8, art. 3; C.C.P., art. 35(3).

[6] Bill 8, art. 7; C.C.P., art. 535.2.

[7] Bill 8, art. 7; C.C.P., art. 535.4, 535.6, 535.6, 535.7.

[8] Bill 8., art 7; C.C.P. art. 535.8.

[9] Bill 8., art. 7; C.C.P., art. 535.3.

[10] Bill 8., art. 7; C.C.P., art. 535.6.

[11] Bill 8., art. 7; C.C.P., art. 535.9

[12] Bill 8., art 7; C.C.P., art. 535.14.

[13] Bill 8, art. 6; C.C.P., art. 229.

[14] Bill 8, art. 7; C.C.P., art. 535.9.

[15] Bill 8, art. 7; art. C.C.P., 535.15.

[16] Bill 8., art 7; C.C.P., art. 535.12.

[17] Id.

[18] Bill 8., art 7; C.C.P., art. 535.13.