C-25 - Code of Civil Procedure

Section 959 Disposition versions

2010-09-07

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 Québec, 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 Act respecting legal aid and the provision of certain other legal services (chapter A-14).

1971, c. 86, s. 1; 1984, c. 46, s. 10; 2002, c. 7, s. 148; 2010, c. 12, s. 34.

2003-01-01

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 Québec, 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.

1985-04-01

959. The clerk ascertains that this Book applies to the suit and, if necessary, that the mandatary has the right to act for the creditor.

The clerk must inform the creditor or his mandatary whether he accepts or refuses the institution of the suit; if he refuses, his decision may be revised by the judge, at the request of the clerk or creditor.

1971, c. 86, s. 1; 1984, c. 46, s. 10.

1977-12-31

959. The clerk ascertains that this book applies to the suit and, if necessary, that the mandatary has the right to act for the creditor.

The clerk must declare whether he accepts or refuses the institution of the suit; if he refuses, his decision may be revised by the judge, at the request of the clerk or creditor.

1971, c. 86, s. 1.