Situation in Quebec

Generally speaking, the Quebec courts protect plaintiffs whose low level of schooling prevents them from filing legal documents on time, or who are unable to defend themselves for reasons of communication, language or education. Thus, although ignorance of the law is not a reasonable excuse to condone procedural errors, it seems that Quebec courts agree that the claimant must have such access to justice that he receives a just and fair trial, even if this means granting delays in order to prepare or translate documents.

• Industrial injuries—28, [1985] CAS 63:
  
  The appellant asked for a review of the decision of the Commission de la santé et de la sécurité du travail du Québec more than one year after the latter’s decision, on the basis of his low level of schooling, among other things, that explained his lateness.
  
  The low level of schooling of the appellant did not place him in a situation in which he was incapable to act according to paragraph 64 (3) of the Workers’s Compensation Act (L. R. Q., chapter A-3).
• Car insurance—11, [1992] CAS 219:
  
  The appellant, who speaks neither English nor French, was involved in a car accident and had to undergo surgery. She was not reimbursed by the Société de l’Assurance Automobile du Québec, which contended that it was unable to establish a causal relationship between the accident and the surgical procedure.
  
  The tribunal found that because of her absolute incapacity to understand either French or English, the appellant had to trust the persons whom she had asked to act for her. In the present case, those persons committed errors and it would be inappropriate to deprive her of her right of appeal in consequence of such errors. Thus, although they were filed late, the appeals are admissible.