2023 QCCQ 8688, 2023 QCCQ 8688
Opinion
El Idrissi c. Yu 2023 QCCQ 8688 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF ST. FRANCIS TOWN OF SHERBROOKE Civil Division No: 450-32-702084-229 DATE: November 10 th 2023 ______________________________________________________________________ BY THE HONOURABLE SOPHIE LAPIERRE, J.C.Q. ______________________________________________________________________ BOUCHRA EL IDRISSI and ABDELMALEK MOUNGID Plaintiffs v.
YINGHUA YU Defendant ______________________________________________________________________ DECISION case management measures ______________________________________________________________________ [ 1 ] The Plaintiffs ask an indemnity for damages following the failure of a purchase agreement. [ 2 ] The hearing is
schedule in a few days, on November 15 th . [ 3 ] The Defendant askes to proceed via a technological means because she claims she now lives out of the country. The Plaintiffs do not require the Defendant to be physically present at the audience but insist to proceed as scheduled. [ 4 ] The Court authorizes the Defendant to participate at the hearing via Teams. It is a Defendant’s responsibility to take all necessary measures for the hearing to proceed without delay or technical problems. The Court will send the internet link to Defendant.
She will have to connect at 14 h 15, Quebec time. *** [ 5 ] Regarding the matter of the language, Defendant already received the proper information that she will be allowed to speak in English if she wishes to do so. *** [ 6 ] Regarding the new exhibits that Defendant wants to produce, she was properly informed by the court clerk that she will have to ask for permission to the Judge at the hearing. That demand will be decided then. *** [ 7 ] Finally, the file shows that Defendant is planning on having her mother present in court to assist her.
Defendant does not explain why she needs assistance. [ 8 ] It seems that the mother needs an interpreter, and that Defendant is not sure if an interpreter will be available. [ 9 ] It is Defendant’s right to be represented by a family member in which case, a written mandate must be filed in due time, stating the reasons why the mandator is unable to self-represent.
This is not the case here, since the Defendant will participate at the hearing and represent herself. [ 10 ] If Defendant wants her mother to be present at the hearing, the fact that her mother needs an interpreter concerns only Defendant and the absence of such interpreter is not an obstacle for the case to proceed as scheduled. For the reasons, the court: [ 11 ] AUTHORIZES Defendant to participate at the hearing via Teams. __________________________________ SOPHIE LAPIERRE, J.C.Q.
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