2021 QCCQ 9841, 2021 QCCQ 9841

Proulx c. Layzee Acres Service Office 2021 QCCQ 9841 COURT OF QUÉBEC « Small Claims Division » CANADA PROVINCE OF QUÉBEC DISTRICT OF BEDFORD TOWN OF GRANBY « Civil Division » No: 460-32-700907-206 DATE: September 28 th , 2021 ______________________________________________________________________ BY THE HONOURABLE MR. JUSTICE MARTIN TÉTREAULT ______________________________________________________________________ Albert PROULX , domiciled and residing at [...], Granby (Québec) [...] Plaintiff v.

LAYZEE ACRES SERVICE OFFICE , having a place of business at 113, McNabb Road, Sebright (Ontario) L0K 1W0 Defendant ______________________________________________________________________ JUDGMENT ON A PRELIMINARY DEMAND ______________________________________________________________________ [ 1 ] Mr. Felix Geisser, general manager for the defendant, requests permission to participate at the trial scheduled on October 18 th , 2021 by video-conference. He also requests the presence of an English language interpreter. [ 2 ] On the request to participate at the trial by video-conference,

section 26 of the Code of civil procedure [1] provides the conditions to allow or refuse such a request : « 26 . In applying this Code, appropriate technological means that are available to both the parties and the court should be used whenever possible, taking into account the technological environment in place to support the business of the courts.

The court, may use such means or, if the interests of justice so require, order that such means be used by the parties, even on its own initiative, including for case management purposes, for holding hearings or for sending and receiving documents in a medium other than paper; if it considers it necessary, the court may also, despite an agreement between the parties, require a person to appear in person at a hearing, a conference or an examination. » [ 3 ] Despite Plaintiff’s fear that Mr.

Geisser may be assisted by a lawyer if this request is granted, the Court has no reason to believe that it would be the case and, therefore, believes that it would be appropriate to allow Mr. Geisser to attend the trial by video- conference (via Teams). However, Mr. Geisser will have to make the proper arrangements to ensure that he has the technological means and the proper links to attend the trial in this manner. [ 4 ] As per the request for an English language interpreter,

section 31 of the Regulation of the Court of Québec [2] provides the following : « 31 . Interpreter. A party relying on the services of an interpreter must notify the court office without delay. In civil cases, a party requiring the assistance of an interpreter must retain and pay for the interpreter’s services, unless otherwise decided by the court. » [ 5 ] The Court has no reason to order the presence of an interpreter in this file. Mr. Geisser will therefore have to retain himself the services of an interpreter. This Court reminds Mr.

Geisser that the judge who will hear the case will be able to proceed in English. However, if Mr. Geisser (or Defendant) retains the services of someone to translate at the trial, he will have to make sure that this person is not a lawyer since lawyers are not, in principal, allowed to represent any party before the Small Claims Division [3] . For these reason, the court: [ 6 ] GRANTS in part Mr. Geisser’s requests in his email dated September 17 th , 2021;

[ 7 ] ALLOWS Mr. Geisser to participate by video-conference at the trial scheduled on October 18 th , 2021; [ 8 ] REJECTS the request to provide the services of an English language interpreter, but ALLOWS said request if Defendant or Mr. Geisser retains and pays for such a service; [ 9 ] WITHOUT judicial costs. __________________________________ Martin Tétreault , J.C.Q.