If you comply with the time limit prescribed by law to take action, namely the prescription, then you will be able to take a legal action against the recipient of the formal notice for the performance of any obligation that the latter failed to comply with, subject, however, to the following.
Indeed, the new Code of Civil Procedure of Quebec imposes an obligation on the parties to "consider" the use of private and alternate dispute resolution mechanisms to settle their dispute before going to Court, such as mediation, negotiation and arbitration. So, considering an alternate dispute resolution now seems to become a mandatory step before filing a lawsuit in Court.
But what is the scope of this new requirement under the Code of Civil Procedure of Quebec? If we look at the definition of "consider", it means the act of looking carefully, to contemplate through careful examination a thing or a situation before taking an action in particular.
Thus, this new provision of the Code of Civil Procedure of Quebec does not compel the parties to use alternate dispute resolution methods, including mediation, before filing a lawsuit, as the Code does not provide for any sanction in case of non-compliance with this provision, although the Court can still choose to impose sanctions for non-compliance by awarding legal costs.
Should the parties file proceedings before Court, it will be appropriate to indicate in the originating application the consideration that was given to the use of these alternate dispute resolution mechanisms before the action was brought to demonstrate to the Court that this new requirement under the Code of Civil Procedure was met and provide a confirmation that there has been compliance with the new provision of the Code, if any.
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