2012–13 Project Summaries: Association des consommateurs pour la qualité dans la construction

65 East Sherbrooke Street, Suite 105
Montréal, QC H2X 1C4
Tel.: (514) 384-2013
Toll-free: 1 877 MAISONS
Fax: (514) 384-4739

1. Use of Small Claims Courts by Consumers in Construction-Related Disputes

The ACQC wants to identify the main hurdles faced by consumers, as well as the strategies that seem to produce the best results. The project has two components: a) construction sector rules and legal remedies that consumers may invoke; and b) conditions governing access to justice for consumers who decide to seek remedies before the Small Claims Court.

Expected results

The ACQC will look at measures in place in Quebec and in a reference province in order to help consumers prepare their cases. The research will identify gaps in information for consumers regarding the operations of small claims courts.

2. Can Seller Disclosure Be Improved to Better Protect Parties During a Real Estate Transaction?

The frequency of use of a seller disclosure declaration, or its equivalent, varies from province to province. When buying a house, obtaining this declaration is usually a good thing; however, for the seller, depending on the legal system in place, completing the declaration could be positive or negative.

Expected results

The goal of the research is to determine how the declaration can be amended/improved to better protect the parties during a real-estate transaction. The research will help answer secondary questions, such as: What are the best types of forms, and what should they include? Who should present the form to the seller, and in what context should it be completed? How do you make sure that the seller and the buyer fully understand the legal significance of the declaration?