514-277-1175

Small claims division

Warning : the products hereby presented do provide a description only. They do not constitute an offer. Therefore, the description of these products may be subject to specific additional and/or different conditions depending on the facts underlying your case. It is necessary that you contact us in the first place in order to determine whether your file is suitable for any of the products presented. The following offer must be mentioned during the scheduling of the appointment.

Since January 1st, 2015, the Small Claims Division of the Court of Québec increased its eligibility threshold to $ 15,000. This makes it very interesting for many individuals to file proceedings within this court where one represents himself, without a lawyer.

However, the absence of a lawyer does not mean the action is stripped of complex rules of proceedings and evidence.

The clerk can certainly assist the parties and provide them with information but their role is limited and they can not provide legal advice. The clerk is not entitled to provide legal advice :

Art . 960 of the Civil Procedure Code: “The clerk provides the parties who so request with any information they may need at any stage of the proceeding or the execution of the judgment, particularly as regards the essential elements of procedure and the rules governing the communication of exhibits and the presentation of evidence. Where necessary, the clerk assists the parties in preparing pleadings or completing the forms placed at their disposal. In no case may the clerk give legal advice to the parties.”

It thus becomes important for the litigant who wishes to exercise a right or who wishes to defend himself to put the odds on his side and to avoid any holes in the evidence to present in court. For this reason, Fiset Legal inc. has developed a product package , depending on whether you stand as plaintiff or defendant, and depending the stage of the proceedings :

IN DEMAND

PACKAGE FOR PREPARATION OF THE DEMAND

550 + taxes and disbursements

This step generally takes place just prior to the filing of lawsuit within the small claims court, although it may also take place after ;

  • Consultation 1hr
    • Explanations about the conduct of the judicial process
  • Determination of the theory of the cause of the client:
    • Establishment of the legal framework of the case ;
    • Establishment of chronology ;
    • Establishment of the evidence that the client will have to prove at trial ;
    • Application of the law to the facts ;
    • Identification of the type of evidence that the client must bring to trial ;
  • Drafting of the Motion accompanied by the documents in support thereof ;
  • Determination of whether or not an expert report is required ;

The following fixed rate does not include the exchange of correspondance or communication in the file.

B. PREPARATION OF TRIAL PACKAGE

450 + taxes and disbursements This step generally takes place just prior to the filing of lawsuit within the small claims court, although it may also take place after ;

  • Consultation an hour and a half ( 1hr30 )
  • Drafting of an argumentation plan application ;
  • Identification of the required witnesses at the hearing and service of subpoenas by bailiff if required ;
  • Drafting an examination plan of the witnesses ;
  • Drafting a cross-examination plan of the opposing party ;
    • Flash Training on the Rules of objection at trial ;

The following fixed rate does not include the exchange of correspondance or communication in the file.

IN DEFENCE

PACKAGE FOR PREPARATION OF THE DEFENCE

$ 550 + taxes and disbursements Once filed, the defendant is notified and receives a copy of the demand and its exhibits. The defendant then has 20 days to report its grounds of defence. Thus, it may be useful at this stage to use the services of a lawyer;

  • Consultation 1hr ;
  • Determination of the theory of the cause in defence :
    • Determination of the legal framework and of the elements that the applicant must prove to succeed in his defence ;
    • Establishment of the chronology of events and identification of facts in dispute between the plaintiff and the defendant ;
    • Application of the law to the facts ;
    • Identification of the type of evidence that the client must bring to trial ;
  • Drafting of the Response and gathering of the exhibits to its support ;
  • Explanations about the conduct of the judicial process ;
    • Determination of whether or not an expert report is required ;

The following fixed rate does not include the exchange of correspondance or communication in the file.

PREPARATION OF TRIAL PACKAGE

$ 450 + taxes and disbursements This step should take place not less than one month before the trial, it will allow the client to learn more about the conduct of the hearing in order to manage his stress, and to optimize his time and arguments ;

  • Consultation an hour and a half ( 1hr30 )
  • Drafting of an argumentation plan ;
  • Identification of required witnesses at the hearing and service of subpoenas by bailiff if required ;
  • Drafting an examination plan of the witnesses ;
  • Drafting a cross-examination plan of the opposing party ;
    • Flash Training on the Rules of objection at trial ;

The following fixed rate does not include the exchange of correspondance or communication in the file.

ABOUT FISET LÉGAL

FISET LÉGAL inc. is a law firm located in Montreal and specialized in real estate and in commercial litigation. We are especially active in Condominium Law and in Construction Law.

We represent many syndicates of co-ownership and many co-owners located in Montreal and its surroundings. We provide legal advising to our clients and their property managers in the fields of Real Estate Law, Condominium Law and Commercial Litigation.

Our Law firm is able to intervene in complex files as well as in simpler files. We adapt the solutions offered and our services depending on the nature and complexity of the case.

CONTACT

  1175 Bernard Ouest, Office 301
Outremont, QC H2V 1V5

  514-277-1175
  514-277-1172

LIST OF EXPERTISES

Condominium law
Hidden defects
Construction law
Real estate law
Commercial litigation
Commercial lease
Mediation and arbitration
Civil law

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