2012 QCCQ 9702, 2012 QCCQ 9702

Nguyen c. Greisman 2012 QCCQ 9702 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-122672-100 DATE: October 25 th , 2012 ______________________________________________________________________ BY THE HONOURABLE MICHEL A. PINSONNAULT, J.C.Q. ______________________________________________________________________ NATALIE NGUYEN […] Milton, Ontario […] Plaintiff v.

DAVID GREISMAN […]Guelph, Ontario […] Defendant ______________________________________________________________________ JUDGMENT ON MOTION TO APPOINT AN INTERPRETER ______________________________________________________________________ [ 1 ] Defendant, Mrs. Natalie Nguyen, is involved in a law suit instituted against her by Plaintiff, Mr. David Greisman. [ 2 ] As the trial has been set for November 20th, 2012 at 13h30, Mr. Greisman has requested that the services of a French/English interpreter be provided to him, should the trial not be conducted in English or that witnesses testify in French.

The Court understands that Mr. Greisman's request is made on the basis that he would not have to bear the costs of the interpreter. Under such circumstances, the costs would be borne by the Ministère de la Justice. [ 3 ] Under our Constitution, the official languages of Canada (English and French) can be used in the Courts of law of Québec. The parties and witnesses may address the Court in the official language of their choosing.

In Montreal, Justices sitting in the Small Claims Court Division are versed in the two official languages. [ 4 ] In that context, the Ministère de la Justice has issued Directive A-6 dealing with

interpretation services and payment of costs relating thereto. [ 5 ]

Section B of Directive A-6 entitled “ In Civil Matters ” stipulates:

B) In Civil Matters

i) Court of Québec, Civil Division and Superior Court A party must request

interpretation services on his own and will assume the related costs, where he or the witness he has assigned does not understand the language used at the hearing. ii) Court of Québec, Civil Division, Small Claims Division Where a judge does not understand the language used by one of the parties or one of the witnesses ,

interpretation services are provided at the hearing on his request, then the costs are at the expense of the Ministère de la Justice . Otherwise, a party makes his own request for

interpretation services and assumes the related costs. [Emphasis added] [An excerpt of the Directive is attached to the present judgment to form part hereof as if recited at length herein] [ 6 ] Based on the foregoing, while the Court is sympathetic to Mr. Greisman's request, it cannot accede to his request, under the present circumstances. If Mr. Greisman feels that the services of an interpreter are nevertheless warranted, he will have to make the arrangements himself and assume all costs related thereto. FOR THOSE REASONS, THE COURT: DISMISSES the motion to appoint a French/English interpreter; THE WHOLE , without costs. __________________________________ MICHEL A. PINSONNAULT, J.C.Q.