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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.

Laws governing the ability to take legal action

In general, the laws governing incapacity and the rules for representing incapable persons are found in the Code of Civil Procedure This hyperlink will open in a new window. and related laws such as the Act Respecting the Protection of Persons Whose Mental State Presents a Danger to Themselves or to Others This hyperlink will open in a new window. or the Public Curator Act This hyperlink will open in a new window..

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 relevant form.

Last update: July 8, 2021

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