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 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).
On this page:
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);
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.
If there are two or more Plaintiffs identified on the claim, one of them can be mandated to represent the others. To simplify the online signing process in that case, it is recommended that you use a representation mandate for the purposes of signing and filing the application. Instructions to this effect will be provided when the Plaintiffs and Defendants are identified.
If a co-Plaintiff does not have a valid email address and does not wish to give another Plaintiff a mandate to represent them for the signing and filing of the application, they must contact a courthouse and make an appointment to sign the application in the presence of a clerk.