Sous toutes réserves: Meaning of the Notice (Without Prejudice)
« Sous toutes réserves » is the notice placed at the top of a legal letter, notably a demand letter, to indicate that its content is neither an admission nor a waiver of any right. The sender keeps all of their rights and remedies, including those not mentioned in the letter. Its English equivalent is « without prejudice ».
Definition · Locato glossary, Quebec law
What this term means
The notice "sous toutes réserves" serves a precautionary function. When writing to the other party, you describe facts, formulate demands, sometimes propose a compromise. Without a precaution, certain passages could be read as an admission (acknowledging part of the fault) or as a waiver (limiting yourself to the remedies mentioned). The notice neutralizes that reading: the letter demands, but concedes nothing.
Its real scope must be understood correctly, though. The notice is not a magic formula: it does not make the letter secret, it does not prevent producing it in evidence to establish that a demand was transmitted on a given date, and it does not shield statements that would otherwise be wrongful. Its exact effect depends on the context and on what the letter actually contains. Conversely, its absence does not invalidate a demand letter: the validity requirements are those of article 1595 of the Civil Code (a writing and a sufficient deadline), not the presence of a customary formula.
In practice, the notice is written at the top of the letter, often in capitals ("SOUS TOUTES RÉSERVES"), above the subject line. It appears in nearly every demand letter drafted in Quebec, including those prepared by lawyers: it signals to the recipient the formal, legal character of the step being taken.
What it means for you
If you are the sender
Add the notice at the top of your demand letter: it protects your rights without changing your demands. It indicates that your letter is neither an admission nor a waiver, and that you reserve all your remedies, even those you do not name.
Do not count on the notice to soften excessive language: it does not cover threats or defamatory statements. The best protection remains a factual, precise and measured letter.
If you are the recipient
If you receive a letter marked "sous toutes réserves," understand the signal: the sender is formalizing their approach and reserving their remedies. It does not mean a lawsuit has been filed, but the next step could be judicial if the situation is not resolved within the stated deadline.
Reply in writing and, if you wish, use the same notice in your reply: you can then discuss, dispute or propose a settlement without your own writings being read as admissions.
Related articles
- Mise en demeure: Definition, Effects and Deadlines (Demand Letter)
- Article 1595 C.c.Q.: Written Form of an Extrajudicial Demand
- Article 1597 C.c.Q.: Debtor in Default by Operation of Law
- Article 1601 C.c.Q.: Specific Performance of the Obligation
- Article 1604 C.c.Q.: Resolution or Resiliation of the Contract for Non-Performance