TITLE I GENERAL PROVISIONS

CHAPTER I

JURISDICTION OVER SMALL CLAIMS

953. The money claimed in an action involving a small claim, that is,

(a) a claim not exceeding $7,000, exclusive of interest,

(b) for a debt owed to a person, partnership or association in the name of and for the account of that person, partnership or association, to a tutor, a curator or a mandatary in the execution of a mandate given in anticipation of the mandator\'s incapacity or to any other administrator of the property of another,

may only be recovered before the courts pursuant to this Book.

The same applies to any action which seeks the dissolution, resiliation or cancellation of a contract where neither the value of the contract or, where applicable, the amount claimed exceeds $7,000.

A legal person, partnership or association may, as creditor, avail itself of the provisions of this Book only if, at all times during the 12-month period preceding the application, not more than five persons bound to it by contract of employment were under its direction or control.

1971, c. 86, s. 1; 1975, c. 83, s. 57; 1977, c. 73, s. 36; 1982, c. 32, s. 53; 1984, c. 26, s. 23; 1984, c. 46, s. 7; 1992, c. 63, s. 1; 1992, c. 57, s. 412; 1999, c. 40, s. 56; 2002, c. 7, s. 178; 2002, c. 7, s. 148; 2002, c. 54, s. 5.

954. This Book does not apply to actions arising from the lease of a dwelling or land referred to in article 1892 of the Civil Code, to actions for the payment of support or to class actions. Nor does it apply to suits for slander or to actions for the recovery of a claim instituted by a person, partnership or association to whom the claim was assigned in return for payment.

1971, c. 86, s. 1; 1975, c. 83, s. 58; 1978, c. 8, s. 2; 1979, c. 48, s. 119; 1992, c. 57, s. 413; 2002, c. 7, s. 148.

954.1. (Replaced).

1977, c. 73, s. 37; 2002, c. 7, s. 148.

955.

However, this article shall not operate to prevent the recovery of

(a) a claim voluntarily reduced by the plaintiff to $7,000 or less;

(b) a claim arising from a credit contract providing for repayment by instalments, or

(c) a claim arising from a contract involving the sequential performance of obligations such as a lease, a work contract, a disability insurance contract or the like.

1971, c. 86, s. 1; 1975, c. 83, s. 59; 1984, c. 26, s. 24; 1992, c. 57, s. 414; 1999, c. 40, s. 56; 2002, c. 6, s. 125; 2002, c. 7, s. 148.

955.1. (Repealed).

1975, c. 83, s. 60; 1992, c. 57, s. 415.

956. Two or more plaintiffs may join in the same action if their claims have the same juridical basis or raise the same questions of law or fact. However, the judge may, if he or she is of the opinion that the ends of justice will be better served, order that the actions be heard separately.

If each of the actions of the persons, partnerships or associations joining in the same action involves a small claim, the action is governed by the rules contained in this Book. Otherwise, it is governed by the rules contained in the other Books of this Code.

Despite the preceding paragraph, the execution of a judgment rendered on a small claim is effected pursuant to this Book.

1971, c. 86, s. 1; 1992, c. 63, s. 2; 2002, c. 7, s. 148.

957. Where a party challenges the validity or constitutionality of a legislative or regulatory provision, an order, an order in council or a proclamation of the Gouvernement du Quebec, the Lieutenant Governor, the Governor General or the Governor General in Council, the judge may order that the action be transferred to the court of competent jurisdiction.

1971, c. 86, s. 1; 1984, c. 46, s. 8; 1999, c.

957.1. (Replaced).

1975, c. 83, s. 61; 1977, c. 73, s. 38; 1982, c. 32, s. 54; 1984, c. 26, s. 25; 1992, c. 63, s. 3; 2002, c. 7, s. 178; 2002, c. 7, s. 148.

958. An action involving a small claim must be brought before the court of the defendant\'s domicile or last known place of residence, the court of the insured\'s domicile where the action is brought against an insurer, the court of the place where the cause of action arose or the court of the place where the contract was formed. If the defendant is not domiciled in Quebec, the action may also be brought before the court of the defendant\'s place of residence or establishment in Quebec.

If the plaintiff resides more than 80 kilometres from the defendant\'s domicile, the plaintiff may file the statement of claim at the court of the plaintiff\'s own domicile or, if the plaintiff is not domiciled in Quebec, at the court of the plaintiff\'s place of residence or establishment in Quebec. In such a case, the statement of claim is transmitted by the clerk to the office of the court chosen by the plaintiff pursuant to the first paragraph.

1971, c. 86, s. 1; 2002, c. 7, s. 148.

958.1. (Replaced).

1984, c. 46, s. 9; 1986, c. 95, s. 68; 1992, c. 63, s. 4; 1999, c. 40, s. 56; 2002, c. 7, s. 148.

CHAPTER II

REPRESENTATION OF PARTIES

959. Natural persons must represent themselves; they may, however, give a mandate to their spouse, a relative, a person connected by marriage or a friend to represent them. The mandate must be gratuitous and be set out in a signed writing stating the reasons why the person is unable to represent himself or herself.

The State, legal persons, partnerships and associations may only be represented by an officer or another person bound exclusively to them under a contract of employment.

Notwithstanding the Charter of human rights and freedoms (chapter C-12), no advocate or collection agent may act as a mandatary. By way of exception, where a case raises a complex legal issue, the judge may, on his or her own initiative or at the request of a party and with the consent of the chief judge of the Court of Quebec, allow the parties to be represented by an advocate. Except in the case of parties not admissible as plaintiffs under this Book, the fees and costs of the advocates are borne by the Minister of Justice and may not exceed the fees and costs set out in the tariff of fees prescribed by the Government under the Legal Aid Act (chapter A-14).

1971, c. 86, s. 1; 1984, c. 46, s. 10; 2002, c. 7, s. 148.