2017 QCCQ 14186, 2017 QCCQ 14186

Zhang c. Lester-B.-Pearson School Board 2017 QCCQ 14186 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-151207-166 DATE: November 30, 2017 ______________________________________________________________________ BY THE HONOURABLE ELIANA MARENGO, J.C.Q. ______________________________________________________________________ QIANG ZHANG as tutor of WENTING WU Plaintiff v.

LESTER-B.-PEARSON SCHOOL BOARD and ZING MEI (Cindy) ZHANG Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] GIVEN the evidence (testimony of Qiang Zhang, Steven Colpitts, Véronique Marin and Andrew Czereyski, as well as exhibits P-1 to P-20 and D-1 to D-8); [ 2 ] GIVEN

article 85 of the Code of Civil Procedure , which reads as follows: “85. To bring a judicial application, a person must have a sufficient interest.

The interest of a plaintiff who intends to raise a public interest issue is assessed on the basis of whether the interest is genuine, whether the issue is a serious one that can be validly resolved by the court and whether there is no other effective way to bring the issue before the court.” [ 3 ] WHEREAS , at the hearing of April 11, 2017, the Court advised plaintiff that he did not have sufficient interest to bring the judicial application, there being no contractual relationship between himself and the defendants; [ 4 ] WHEREAS the Court nevertheless suspended the hearing, so as to allow plaintiff to make the appropriate and applicable amendments to the claim; [ 5 ] WHEREAS plaintiff failed and neglected to do so; [ 6 ] WHEREAS , rather than file an amended application in the names of Peng Xin and Wu Qingping, plaintiff simply filed 2 representation mandates from same, authorizing him to act as their mandatary; [ 7 ] WHEREAS this does not, however, grant plaintiff sufficient legal interest to effectively act as plaintiff herein; [ 8 ] WHEREAS , furthermore, plaintiff failed, abysmally, to demonstrate what is alleged in paragraph 4 of the claim; [ 9 ] WHEREAS , not only did plaintiff fail in this regard, but defendant school board also entirely proved the contrary;

[ 10 ] WHEREAS , therefore, in addition to the absence of sufficient interest, there is no evidentiary and therefore legal basis to the claim; WHEREFORE THE COURT HEREBY: DISMISSES plaintiff's claim, with court fees in the amount of $300.00. __________________________________ ELIANA MARENGO, J.C.Q. Hearing dates: April 11 and November 13, 2017