Any natural person (individual) can file an application in his or her own name at the Small Claims Division of the Court of Québec.
An application may also be filed, in the name of the person represented, by
- a tutor (such as the father or mother of a minor child);
- a curator;
- a mandatary under a protection mandate (such as a mandate given in anticipation of incapacity);
- an administrator of the property of others (such as the liquidator of a succession).
Legal person, partnership and association
An application may be filed by any of the following, provided they employed no more than 10 people in the 12 months leading up to the application:
- a legal person (such as a syndicate of co-owners, a non-profit corporation, a municipality, a business corporation or a company);
- a partnership (such as a general or limited partnership);
- an association;
- any group not endowed with legal personality.
As a result, an entity that wants to claim an amount of $15,000 or less, but that employed more than 10 people in the 12 months leading up to the application, cannot file an application in the Small Claims Division. In some situations, the person against whom the claim is filed may request that the case be transferred to the Small Claims Division.
The applicant may decide to be represented by another person. In this case, the rules governing representation by another person apply.