FREQUENTLY ASKED QUESTIONS (FAQ)

 

The uncertainty caused by the current situation raises several questions. We have prepared a list of the most frequently asked questions.

 

IMPORTANT WARNING

All of the information in this FAQ is subject to update or change as the situation evolves. Therefore, we invite you to consult this section regularly. The information presented here is of a general nature and is made available to you without any guarantee, particularly as regards its accuracy or obsolescence. This information should not be construed as constituting legal advice.

Given the current crisis, how can a bailiff serve pleadings?

Québec’s Ministère de la Justice now authorizes bailiffs to serve pleadings by technological means (such as email, by example), rather than being personally served as is normally expected.

This temporary measure will be in effect until the end of the current health emergency period. 

For all the details, we refer you to Order 4267 of the Chief Justice of Québec and the Minister of Justice dated 27 March 2020 and to the Press Release regarding Temporary Measures Authorizing Notaries to Close Acts Remotely and Bailiffs to Serve Pleadings by Technological Means.  

Last update: September 22, 2020

What measures has Paquette taken to minimize the risk of spreading COVID-19?

The health and safety of our customers, our team and the people with whom we are called to come into contact are at the heart of our concerns. Beyond the carrying out of the new method of service by technological means and the use of the Digital Court Office of Québec when appropriate, we ensure that our bailiffs and team members are made aware of the health and safety measures implemented by the organization in order to minimize the risks associated to COVID-19 and provide them with the necessary equipment to allow the application of the standards in force during in-person services.

Last update: June 18th, 2020

Why call upon Paquette when having procedures issued?

The Quebec justice system is embarking on a major technological shift and we are excited to be a part of it. The innovation brought forth by the Digital Court Office of Québec is aligned with our vision of using digital technology to enrich our service offer.

Trust our expertise

For several months, daily practice has seen changes at unprecedented speed. At Paquette, we closely monitor the evolution of the methods of operation of the court offices of the various Courts and tribunals of Quebec. We make sure we have up-to-date knowledge that allows us to offer you a fast, efficient and inexpensive court services. Prepare your procedure and let us take care of the rest!

And enjoy an end-to-end service!

Once your procedure has been created and your instructions have been sent to Paquette, you can move onto other matters and free yourself from the tasks related to the issuance and production of the procedure. By calling upon our team, you benefit from an end-to-end service which will allow you, from a single request, to have:

  • your procedure issued or filed at the digital or physical court office, as best fits the situation;
  • your procedure stamped with a cash advance;
  • your procedure served to the designated persons and
  • your service reports filed with the Court.

Do you want to follow the progress regarding the treatment of your request? Use the Paquette Web platform which will allow you not only to communicate your requests, but also to follow the progress of your file and consult your reports.Do you want to follow the progress regarding the treatment of your request? Use the Paquette Web platform which will allow you not only to communicate your requests, but also to follow the progress of your file and view your reports.

Last update: June 18th, 2020

What documents can bailiffs serve by technological means?

Any document whether it is considered urgent or not.

Last update: April 7th, 2020

Regarding service by technological means, at which email address can a document be served?

We will serve the document at the email address provided to us by our client.

We refer you to the first paragraph of section 133 of the Code of Civil Procedure which provides that: “Notification by a technological means is made by sending the document to the address provided by the addressee for the receipt of the document, or to the address that is publicly known as the address where the addressee receives documents, provided the address is active at the time of sending.

Last update: April 7th, 2020

Can a self-representing litigant be served by technological means?

Yes. Order No. 4267 provides that “a party not represented by a lawyer or a notary may not unreasonably refuse to receive a document by a technological means”.

Last update: April 7th, 2020

What are the fees to have documents served by technological means?

We charge a 23$ fee per service as provided for in the Tariff of fees of court bailiffs.  Management fees of 8$ per file are also applicable.

Last update: April 7th, 2020

When will proof of service by technological means be sent to me?

You will receive a report of service by technological means within a reasonable time following service by technological means. These minutes will comply with sections 119 and 134 paragraph 2 of the Code of Civil Procedure.

Last update: April 7th, 2020

What about prescription and civil procedure periods?

According to Order 2020-4251 of the Chief Justice of Québec and the Minister of Justice dated 15 March 2020, extinctive prescription and terms for forfeiture in civil matters were suspended as of March 15th 2020. 

On July 13th 2020, the Minister of Justice and the Chief Justice of Quebec, announced the lifting of the suspension of procedural periods in civil and criminal matters on September 1st 2020.  Furthermore, they announced that the deadlines for readiness linked to a case protocol in effect on March 15th 2020 would be extended by 45 days starting September 1st. These announcements were confirmed by Order 2020-4303.

For any questions and clarifications related to the suspension of presciption and procedural periods, we refer you to the FAQ developed by the Ministry of Justice.

As regards the Régie du logement, it is important to note that according to their website consulted on May 11ththe time limits for bringing a recourse before the Régie du logement are not suspended, in particular with regard to repossession of a dwelling, application for revocation and application for a review.”

Last update: September 1st, 2020

For any further questions, we invite you communicate with us using the contact details of your customer representative.  You are not a current client?  Contact us by e-mail or, during our business hours, by phone at 514-284-1007 #0.