How to Send a Demand Letter in Quebec

You have written your demand letter, and one question remains: how do you send it so that it actually counts? In Quebec, the method of delivery is not a detail. A demand letter is only worth as much as your ability to prove that the recipient received it. Here is how to send your demand letter, which method to choose, and the pitfalls to avoid.

The Essentials: Send It So You Can Prove Receipt

Remember one thing: send your demand letter by a method that leaves proof of receipt. Registered mail and a bailiff are the safest; email is allowed in Quebec if you can prove receipt; hand delivery stays risky. Always keep a copy of the letter and the proof that the recipient received it.

A demand letter the recipient never received is worth nothing before a court.

Which Method Should You Use to Send Your Demand Letter?

Any method is allowed to send a demand letter. The real test is neither speed nor cost: it is your ability to prove receipt. Here are the four delivery methods, from the most solid to the riskiest:

• Bailiff (huissier de justice): near-irrefutable proof of service; higher cost (often $75 to $150 or more).
• Registered mail (Canada Post): reliable acknowledgment of receipt; allow 5 to 10 business days.
• Email or certified email: fast and inexpensive; valid if you can prove receipt.
• Hand delivery: immediate, but hard to prove if the recipient refuses to sign.

By Bailiff: The Strongest Proof

A bailiff delivers the letter and draws up a record of service. You obtain proof of service that is very hard to challenge in court. It is the most expensive option, but the strongest when the recipient may deny having received the demand letter. Reserve this method for sensitive files or large amounts.

By Registered Mail (Canada Post): The Classic Choice

Registered mail with acknowledgment of receipt, through Canada Post, remains the most common method: proof of mailing plus proof of receipt signed by the recipient. Allow 5 to 10 business days. The one drawback: if the recipient never picks the letter up at the post office, the acknowledgment of receipt stays incomplete. Keep your Canada Post receipt.

By Email or Certified Email: Fast, If You Can Prove Receipt

In Quebec, you may send a demand letter by email. The Act to establish a legal framework for information technology allows it, on one condition: you must prove that the recipient received it. A plain email is fragile, because the recipient can deny receiving it. Certified email, which produces time-stamped proof of receipt, combines speed, low cost, and legal weight.

In Person: Possible, but Risky

You can hand the letter directly to the recipient. If you do, ask for a signature to serve as acknowledgment of receipt, or deliver the letter in front of a witness. The problem is obvious: if the recipient refuses to sign, you are left with no proof of receipt. For that reason, registered mail or a bailiff is almost always preferable.

Why Proof of Receipt Changes Everything

Proof of receipt is the heart of any demand letter. Without it, you cannot show that the recipient received your request, or that the deadline started to run. Before the Small Claims Court, this proof is what establishes your good faith before you sue the debtor. A perfectly written letter that you cannot prove was received loses almost all of its force.

What Your Letter Must Contain to Be Valid

Sending is not everything: the letter must contain the right elements. A demand letter sets a creditor, you, against a debtor, the recipient; the Civil Code of Québec frames the obligations. The law stays flexible, but a few elements remain essential:

1. Your full contact information and the recipient’s (check the exact legal name).
2. The words “demand letter” or “formal notice”, clearly, in the subject line or the body.
3. A concise statement of the facts, without exaggeration or illegal threats.
4. Your precise request and the remedy expected (amount owed, correction, performance of the obligation).
5. A reasonable deadline for the recipient to respond.
6. The mention “without prejudice” and your signature.

For the details of the writing itself, see our guide on how to write a demand letter. This page focuses on sending.

The Deadline Trap: A Demand Letter Does Not Interrupt the Limitation Period

Here is the costliest mistake. Sending a demand letter does not stop the limitation period. In Quebec, that period is generally 3 years in civil matters, and only filing a lawsuit interrupts it. If you are nearing the end of the period, sending a letter does not protect your right: you must sue in time. You can, however, agree in writing with the debtor to suspend the limitation period, for up to 6 months.

How Much Time Should You Give the Recipient to Respond?

You must give the recipient a reasonable deadline. The law sets no single number, but 10 days is generally reasonable for a payment. A deadline of 24 or 48 hours, for a complex request, risks being found too short. With no deadline, or an unreasonable one, the recipient will be entitled to a reasonable delay anyway. Set a realistic deadline from the start.

What to Do After Sending It?

Once the demand letter is sent, the deadline starts to run upon receipt. What happens next depends on how the recipient reacts.

If the Recipient Replies or Offers to Negotiate

A reply, even a partial one, is a good sign. The recipient may pay, correct the situation, or propose an agreement. Favour negotiation or mediation, and put any agreement in writing. Settling amicably saves you the cost and the delay of a trial.

If the Deadline Passes With No Reply: Small Claims and the Courts

If the deadline passes with no satisfactory reply, move to the next step: file an application with the Small Claims Court or the appropriate court. Your demand letter will serve as proof that you tried to resolve the dispute in good faith before going to court, which is exactly what judges want to see.

The right habit: send early, prove receipt, then keep a copy of everything.

A Demand Letter to an Insurer, the CNESST or the SAAQ: A Special Case

Not every dispute is resolved the same way. If a private insurer refuses to compensate you, a demand letter is often the logical step before suing; our disability insurance lawyers prepare this type of letter, on a contingency-fee basis in those files. An unfavourable CNESST or SAAQ decision, by contrast, is not contested by a demand letter, but by an application for administrative review, then before the tribunal. Our CNESST lawyers and SAAQ lawyers know these strict deadlines. If you are unsure which recourse applies, Accident Solution will point you in the right direction. See also our guide on how to contest a CNESST decision.

Frequently Asked Questions About Sending a Demand Letter