Who can sue or be sued?


Any natural person (individual) can file an application in his or her own name at the Small Claims Division of the Court of Québec.

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Representation (mandate)

In general, individuals must represent themselves before the Small Claims Division.

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Death or incapacity of a party

A party to a case who dies or is declared incapable of taking legal action may be represented by another person. A continuance of proceeding must be requested.

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Proceedings against the Government of Canada

A proceeding against the Government of Canada cannot be filed at the Small Claims Division.

If you wish to sue a department or body of the Government of Canada in connection with a small claim, you must do so before the Superior Court of Québec or the Federal Court.

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The defendant is the person against whom a claim is made.

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Ability to take legal action

  • Laws governing the ability to take legal action
  • Special cases

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Proceedings against the Québec government

Some proceedings against the Government of Québec must be instituted against the "Attorney General of Québec", while others must indicate a specific public body (for example, "Hydro-Québec" or "Société de l'assurance automobile du Québec").

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Intervention by a third person

  • Intervention at the request of the defendant
  • Forced intervention
  • Voluntary intervention

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Any comments or suggestions on the Ministère de la Justice website?

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