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Ability to take legal action

People who are not able to fully exercise their rights because of their age or capacity cannot take legal action. The person must be represented, assisted or authorized to act in the way established by law, depending on the person’s status and capacity.

For example, a minor child cannot institute proceedings at the Small Claims Division without being represented.

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. 

If you are the heir or legal representative of the plaintiff or defendant, you should contact the clerk of the Small Claims Division where the application was made. The clerk will help you complete the Notice of Resumption of Proceedings (SJ-852-01A) (PDF 248 Kb) form to make your request.

Last update: January 29, 2024


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