2021 QCCQ 13429, 2021 QCCQ 13429

Association des propriétaires des Sommets du Lac Lovering c. Dickson Jr. 2021 QCCQ 13429 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF SAINT-FRANÇOIS TOWN OF SHERBROOKE Civil Division No: 450-32-701082-190 DATE: December 16, 2021 ______________________________________________________________________ PRESIDED BY THE HONOURABLE SOPHIE LAPIERRE, J.C.Q. ______________________________________________________________________ ASSOCIATION DES PROPRIÉTAIRES DES SOMMETS DU LAC LOVERING Plaintiff v. Robert W. DICKSON Jr.

Defendant ______________________________________________________________________ DECISION ______________________________________________________________________ [ 1 ] Defendant asks permission to proceed by phone at the hearing scheduled on January 11 th , 2022. He submits that he lives in the United States and has not traveled in Quebec for 25 years. He does not possess a computer thus cannot proceed via Teams or another appropriate technological means [1] . [ 2 ] Plaintiff contests. Its representative asserts that the Court should be able to see Defendant’s face in order to judge his credibility.

Furthermore, exhibits will be shown to Defendant which renders the task difficult by phone. Finally, participation by phone would create an additional difficulty for Plaintiff’s representative in understand Defendant’s testimony in English. [ 3 ] In any defended proceeding, witnesses testify at the hearing, the other parties being present or having been duly called. If necessary, a witness can be examined at a distance, using a technological means allowing the witness to be identified, heard and seen live.

Exceptionally, the Court may decide to hear a witness without the witness being seen [2] . [ 4 ] In the case at hand, Plaintiff intends to use maps [3] and a chart [4] at the hearing. Proceeding by phone is not appropriate and could be confusing for the Court if not for Defendant. [ 5 ] This is not an exceptional situation justifying to deviate from the rule. Plaintiff’s claim is known from Defendant since 2018. Plaintiff introduced its action in September 2019.

Defendant knows or should have known his presence at the hearing would be requested or he should have taken necessary steps to be able to participate by an appropriate technological means with the Court’s permission. FOR THESE REASONS, THE COURT: [ 6 ] DISMISSES Defendant’s request to proceed by phone. __________________________________ SOPHIE LAPIERRE, J.C.Q.