Legally Binding Verdict

The verdict of e-Court has the same effect as a verdict of a traditional government court and is based on 'contract' law according to Canadian common and civil code legislation. To be valid and therefore legally binding, five conditions must be met, please view conditions. This means that cooperation of the other party can be enforced according to and in which province respective parties reside.

When conflicts deal with amounts higher than C$60,000, your attendance during an hearing is obligatory as in cases when you appeal a previous e-Court verdict.

A plaintiff must sue in the jurisdiction of the person (i.e. defendant) being sued. Enforcement of a decision by an e-Court arbitrator is encouraged in all provinces outside the province of Quebec by awarding the 'plaintiff' being the "winning" party, a prepaid escrow amount equal to lawyer/council appeal fees which is payable by both parties at time when committing to e-Court litigation. The latter applies only when the defendant, whilst firstly agreeing to abide by the e-Court litigation process does not honor the judgement of the e-Court arbitrator either with regards the standard or appeal procedures. Moreover, the prepaid escrow amount by the 'plaintiff' being the "winning" party, will be returned to this party at the same time of the e-Court verdict. The escrow money originally paid by the 'defendant' will be used to pay for council costs incurred by the 'plaintiff' party to litigate in a traditional government court.(*Note)

Should these monies not fully meet the legal representation costs by the plaintiff party then the claim submitted for judgement by a traditional government court will be in/decreased by a corresponding amount. Similarly, the respective plaintiff will be allowed full use of any/all e-Court documents and evidence material when submitting a claim for litigation in a government court. In addition, the judgement obtained in e-Court will be filed with appropriate organizations such as Equifax. Enforcement of the verdict in a traditional government court will then become possible via an appointed bailiff.

Given above, it is generally speaking in the best interest ( short duration and low litigation costs and even to "test" the waters ) of both parties to agree to settle their differences via e-Court including to abide by the decision of e-Court arbitrator.

Enforcement of a decision by an e-Court arbitrator with respect to a defendant residing in Quebec can be legally enforced through a specially designed notarial deed based on the Quebec civil code. This also means that if you choose an e-Court procedure the corridors to the traditional Quebec government courts are not open anymore. e-Court contains clear contractual restrictions, where parties clearly have opted for e-Court justice and have given up their litigation possibilities including appeals through Quebec government courts.

Also read : A contract is a legal agreement.

*(Note) : In the unlikely event that there exist a claim and counter claim between parties outside Quebec and there exist a state of non-cooperation to execute the decision by an e-Court arbitrator then the prepaid escrow amounts will be used to pay for council fees of both parties to litigate in a traditional government court.

A contract is a legally binding agreement between 2 or more persons for a particular purpose. In general, contracts are always formed on the same pattern. A person offers to give another person something (eg, to deliver an item in return for a certain price); to provide a service (eg, to work for a certain salary); or to refrain from doing something (eg, not to compete for a certain time in return for compensation). If the offer is accepted, the contract is then valid in principle. A contract is, above all, an instrument for the economic exchange of goods and services.

The most common types of contracts are the contract of sale, whereby a person acquires the ownership of property in return for payment of a certain price; lease and hire of services, whereby a person offers his services to another in return for remuneration; and lease and hire of things, whereby a person is temporarily granted the enjoyment of property (eg, an apartment), in return for a price (rent); and mandate whereby a person gives another the power to represent her.

Binding Promises

Unlike other agreements, a contract is a legally binding promise; if one of the parties fails or refuses to fulfil its promise (eg, to pay the agreed price, to provide the rented space or to pay the employee's salary) without a valid reason recognized by law, the party suffering the consequence of this breach of promise may call upon the courts either to force the defaulting party to carry out its promise (specific performance) or to demand compensation in the form of damages.

Quebec CIVIL LAW and Canadian COMMON LAW generally follow similar rules in this regard: a contract legally entered into represents a legal bond between the parties. Parties are free to contract whenever and for whatever reason they wish. The only limits to absolute contractual freedom are certain restrictions imposed by legislation and by accepted ethics. Contracts contrary to a statutory law such as the Canadian CRIMINAL CODE are null and void (eg, a work contract for a professional killer or prostitute). The same is true for a contract that goes against accepted ethics or, what is called in civil law, public order.

CIVIL CODE regulations governing contracts in Quebec (articles 1377, 1456 QCC) are derived mainly from French civil law, which in turn draws its sources from Roman law. In other provinces, regulations governing contracts are based mostly on jurisprudence and on the traditional British common law.

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