Commercial litigation in Quebec: finding a lawyer
Common commercial disputes
- breach of contract and unpaid invoices;
- disputes between shareholders or partners;
- unfair competition, breach of non-competition or confidentiality;
- construction disputes and legal hypothecs;
- product liability and latent defects.
Procedure in Quebec
The Code of Civil Procedure requires the parties to consider private dispute prevention and resolution processes (mediation, arbitration) before going to court (art. 1). A formal notice is generally sent first. Claims of less than $15,000 go to the Small Claims Division (but a legal person must have 10 employees or fewer); up to $75,000 to the Court of Québec, and above to the Superior Court. Urgent situations may justify an injunction or a seizure before judgment.
Arbitration
Many commercial contracts contain an arbitration clause. Arbitration is confidential, faster and the award is final, with very limited appeal (arts. 620 ff. C.C.P.).
Choosing a lawyer
Look for experience in your industry and in the type of dispute, a clear assessment of the chances of success and costs, and a strategy that includes negotiation. Ask about billing methods (hourly, flat fee, partially contingent).
