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

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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