In civil matters, self-represented litigants are increasingly common before the Quebec courts. This possibility is expressly provided for in article 23 of the Code of Civil Procedure (“C.C.P.”), which allows any person to be self-represented.
However, this right is subject to several exceptions outlined in article 87 C.C.P., which provides mandatory legal representation in certain situations—mainly for legal persons, class action representatives, and representatives, mandataries, or tutors of incapacitated persons. The rule also applies to liquidators of estates, trustees in bankruptcy, and other representatives of collective interests. Failure to comply with these rules can result in the harsh sanction of having a proceeding dismissed.
In Racine v. Savoie, heard on July 10, 2025, by the Court of Appeal, the defendant successfully argued for the strict application of this public order rule in a professional liability lawsuit.
What made the case unusual was that the plaintiff, a lawyer by training, claimed to be acting not as the liquidator of her father’s estate—having resigned from that role by notarial act—but solely as an heir. She therefore argued that she was not subject to the requirement to be represented by counsel.
The Court of Appeal rejected this argument, concluding that the dispute essentially concerned actions taken in the context of liquidating an estate. It also confirmed that the representation requirement applied to her despite her title.
In a related judgment rendered by the Superior Court on July 29, 2025 (appeal delay not yet expired), the action brought against the defendant notary, Me Savoie, was declared abusive as of November 23, 2019. The court ordered:
- The full reimbursement of legal fees paid by Me Savoie’s insurer as of that date
- The payment of moral damages to the defendant
- Compensation for her lost time
- Reimbursement of an additional professional liability insurance premium
These decisions serve as a reminder that failing to meet representation requirements can carry serious consequences. They also highlight the essential role of legal counsel in deterring abusive or frivolous claims.
Indeed, a lawyer’s duty to advise includes the obligation to inform a client when a claim is clearly without merit—and to explain the reasons clearly and candidly.
