The Small Claims Court is often presented as a simple, fast and accessible tool that allows citizens to settle their everyday disputes without a lawyer. In theory, it is a local justice system, designed to be effective and inexpensive. In practice, the reality is much more nuanced. Recent data reveal a court that is in high demand, particularly long delays and a procedure which, despite its apparent simplicity, has many pitfalls for unprepared litigants.

In this context, one question comes up more and more often: should you really defend yourself in small claims, or is it better to consult a civil litigation lawyer before even filing your claim?

A saturated court, especially in Montreal

Official statistics show that the judicial district of Montreal is, by far, the busiest in the province when it comes to small claims. Between 2019 and 2024, there were more than 1,700 judgments rendered each year, with a peak of approximately 2,295 judgments in 2024. Across Quebec, the total number of judgments has increased from approximately 2,800 in 2019 to more than 4,200 in 2024, illustrating the massive use of this court to settle low-value civil disputes. This constant increase in the volume of cases has a direct effect on the experience of litigants: the congestion of the system.

Delays that turn the dispute into a test of endurance

One of the most worrying elements remains the delays. Contrary to the idea of quick justice, small claims are now marked by extremely long waits before being heard by a judge. In 2024, the average time in Quebec to be heard in small claims was about 752 days, or just over two years. In the district of Montreal, the situation is even more pronounced: the median time for a judgment to be rendered is around 29 months. Neighbouring districts also have extreme delays, sometimes exceeding three years before the hearing.

For a litigant claiming a few thousand dollars, this prolonged wait can turn a mundane dispute into a source of stress, financial uncertainty and discouragement.

What types of cases result in small claims?

Small claims don't just deal with anecdotal conflicts. Judicial statistics show a very clear recurrence of certain types of cases, which correspond exactly to situations where poor preparation can lead to the loss of a valid remedy.

Nature of the most frequent small claims cases

Type of dispute

Observed frequency

Amounts at stake

Real complexity

Consumer disputes

Very high

Low to medium

Average

Service Contracts

High

Average

High

Sale of property

High

Weak

Low to medium

Hidden defects

High

Medium to High

High

Housing leases

Average

Low to medium

Average

Debt collection

High

Weak

Average

About 50% of the files involve amounts of $5,000 or less, but that doesn't mean the issues are straightforward. The questions of evidence, legal qualification and calculation of the damage remain central.

Mandatory mediation: an opportunity... Or a trap?

Since the coming into force of Bill 8, mediation has been mandatory for small claims cases of $5,000 or less, which represents more than half of all cases. This measure is intended to relieve court backlog and promote faster resolutions.

The numbers speak for themselves: the success rate of mediation is around 60% for cases of $5,000 or less, and about 55% for those over $5,000. In districts where mediation is well established, the median time to reach an agreement has dropped between 4 and 6 months, compared to several years for a traditional audience.

However, poorly prepared mediation can lead to an unfavourable agreement or failure, bringing the case back into the judicial queue. This is why legal support upstream, in particular by a professional mastering mediation
can be decisive.

Why consult a lawyer before going to small claims

Although representation by a lawyer is prohibited at the hearing, there is nothing to prevent consultation with a lawyer before the file is filed. This early consultation avoids several common errors: incorrect characterization of the appeal, incomplete evidence, incorrectly calculated amounts, or inappropriate choice of judicial forum.

With delays that can exceed two or three years, a case rejected for a formal defect or insufficient evidence represents a considerable waste of time and energy. The lawyer can intervene from the outset to structure the formal notice, select the relevant documents, prepare the mediation strategy and determine whether the case should instead be brought before the Court of Québec, where representation is permitted, particularly in a commercial disputes, – when the dispute goes beyond the simple claim of proximity.

Frequently Asked Questions

How many small claims cases are processed each year in Montreal?

Between 2019 and 2024, the district of Montreal recorded more than 1,700 small claims judgments each year, with a peak of approximately 2,295 judgments in 2024, making it the busiest district in Quebec.
Source
https://cdn-contenu.quebec.ca/cdn-contenu/adm/min/justice/publications-adm/acces-information/decisions/2025/DAI_no_BSM-2025-004894.pdf

What are the real deadlines for being heard by a judge?

In 2024, the average time in Quebec to be heard in small claims cases was approximately 752 days. In Montreal, the median time for a judgment to be rendered was nearly 29 months.
Sources
https://www.protegez-vous.ca/nouvelles/argent/poursuite-aux-petites-creances-la-mediation-vous-fera-gagner-beaucoup-de-temps
https://www.acqc.ca/fr/actualite/delais-aux-petites-creances

What types of disputes are the most frequent?

The most common categories are consumer disputes, service contracts, sale of goods, latent defects, housing leases and debt collection.
Source
https://cdn-contenu.quebec.ca/cdn-contenu/adm/min/justice/publications-adm/acces-information/decisions/2024/DAI_no_BSM-2024-003601.pdf

Is mediation really effective for small claims?

yes. The success rate of mediation is approximately 60% for cases of $5,000 or less, and 55% for cases over $5,000. In many districts, it allows a dispute to be settled in a matter of months rather than years.
Spring
https://www.protegez-vous.ca/nouvelles/argent/poursuite-aux-petites-creances-la-mediation-vous-fera-gagner-beaucoup-de-temps

Can I consult a lawyer even if representation is prohibited at the hearing?

yes. Upstream consultation is permitted and strongly recommended to structure the case, prepare the evidence, draft the formal notice and optimize the mediation strategy.
Sources
https://performance.gouv.qc.ca/tableau-de-bord/resultats-detailles/justice
https://www.barreaudemontreal.qc.ca/wp-content/uploads/rapportannuel2024-2025.pdf

Why do so many small claims cases fail?

Many cases are rejected or partially upheld due to errors of evidence, mischaracterization or lack of preparation, despite very long waiting times.
Sources
https://performance.gouv.qc.ca/tableau-de-bord/resultats-detailles/justice
https://www.protegez-vous.ca/argent/guide-complet-pour-les-petites-creances

When is it best to avoid small claims?

When the stakes exceed the $15,000 limit, when the case is legally complex, or when several parties are involved, a recourse to the Court of Québec with representation may be more appropriate.
Source
https://www.protegez-vous.ca/argent/guide-complet-pour-les-petites-creances

Contact us

When faced with a small claim in Montreal, acting quickly can make all the difference. Consult a lawyer to defend your rights and maximize your chances of success. Compagnie abg Conseils Juridiques supports you with a strategic approach, effective in negotiations as well as in court.

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