Who can sue or be sued?

Plaintiff

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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Defendant

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

If you want to sue the Québec government, you must refer to it in the proceedings as the “Attorney General of Québec” followed by the name of the government department or body concerned (for example, Attorney General of Québec – Ministère de la Famille).

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Intervention by a third person

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

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