In principle, in civil matters, the plaintiff or defendant may represent themselves before the courts in Quebec. However, there are exceptions to this rule and being represented by a lawyer may be mandatory under certain circumstances.
A company or corporation must be represented by a lawyer before the Court of Québec, the Superior Court or the Court of Appeal. This means that a director or shareholder of the company is not authorized to represent the company in court.
The Small Claims Division of the Court of Quebec (claims under $15,000):
Individuals cannot have a lawyer represent them before the Court of Quebec Small Claims Division. Indeed, the Code of Civil Procedure establishes that in the context of an action brought before the Small Claims Division, “the State, legal persons, partnerships or associations and other group not endowed with juridical personality can only be represented by an officer or an employee in their sole service who is not a lawyer”. In other words, this means that a legal person cannot be represented by a lawyer before the Court of Quebec, Small Claims Division, either as plaintiff or defendant.
However, exceptionally, when a file involves one or more complex legal issues, the court may authorize the parties to have representation by a lawyer.
Notwithstanding the above, you have the right to be assisted and advised by a lawyer in preparing your case. We can help you with the drafting of your procedures, preparing your evidence and the progress of your case.