C-25 - Code of Civil Procedure

Section 59 Disposition versions

1994-01-01

59. A person cannot use the name of another to plead, except the State through authorized representatives.

Nevertheless, when several persons have a common interest in a dispute, any one of them may appear in judicial proceedings on behalf of them all, if he holds their mandate. The power of attorney must be filed in the office of the court with the first pleading; thereafter the mandate cannot be revoked except with leave of the court and is not affected by the death or change of status of the mandators. In such case, the mandators are jointly and severally liable with their mandatary for the costs.

Tutors, curators and others representing persons who are not able to fully exercise their rights, plead in their own name in their respective capacities. This also applies to an administrator of the property of others in respect of anything connected with his administration and to a mandatary in the performance of a mandate given by a person of full age in anticipation of his incapacity to take care of himself or administer his property.

1965 (1st sess.), c. 80, a. 59; 1992, c. 57, s. 190.

1977-12-31

59. A person cannot use the name of another to plead, except the Crown through authorized representatives.

Nevertheless, when several persons have a common interest in a dispute, any one of them may appear in judicial proceedings on behalf of them all, if he holds their mandate. The power of attorney must be filed in the office of the court with the first pleading; thereafter the mandate cannot be revoked except with leave of the court and is not affected by the death or change of status of the mandators. In such case, the mandators are jointly and severally liable with their mandatary for the costs.

Tutors, curators and others representing persons who have not the free exercise of their rights, plead in their own name in their respective capacities.

1965 (1st sess.), c. 80, a. 59.