Can my business sue in small claims court?
Short answer
In Quebec, a legal person, a partnership or an association may file a small claims application only if it had no more than 10 people in its employ during the 12 months preceding the application.
In detail
The rule looks at the number of employees, not at revenue. The Gouvernement du Québec specifies that a business claiming $15,000 or less but that employed more than 10 people during the 12 months preceding the application cannot go to the Small Claims Division. It will have to use the Civil Division of the Court of Quebec.
This limit applies to the applicant. A business that is too large to file an application can still be sued in small claims by an individual, and it will then have to defend itself under the same rules.
A legal person, a partnership or an association may be represented at the hearing only by an officer or by an employee in its sole employ, who must not be a lawyer.
What to document
The number of people employed by the business during the 12 months preceding the application, with the dates. Also keep track of who in the business will act as its representative: their title and their employment relationship.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Plaintiff in small claims — Gouvernement du Québec
- Representation of the parties (mandate) — Gouvernement du Québec
Related questions
- Can I have a lawyer in small claims court?
- Is a formal notice mandatory before small claims?
- What do I have to write in a formal notice?
- Do I have to send the formal notice by registered mail?
- How long do I have to sue someone who owes me money?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.