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Court of Quebec - Civil Division

Plaintiff
Judicial characters and concepts
Judge Court usher Court clerk Defendant’s lawyer Plaintiff’s lawyer Plaintiff Defendant Witness The Public Recording

Plaintiff

I don’t know if I look it, but I am really nervous. I was ready to fight for my rights all the way through the trial, but now that I’m in court, it’s another story. Will I win? Will I lose? Will the judge be in a good mood? Ahh! Luckily, my lawyer is here. It’s reassuring. I am certain that she will do her best to win my case.

I am a little surprised that my lawyer and the lawyer for the other party shook hands: aren’t they opponents? My lawyer says that lawyers often meet each other in the course of their work and that they have to maintain cordial and respectful relations. They also have the advantage of not being emotionally involved in the dispute.

I am in court because one of my tenants, Mr Lee, has refused to pay his rent for several months. For three years he has been renting a space for his small business in my shopping mall in Laval. I liked Mr. Lee a lot, but if I allow this late payment from one person, I will have to do the same for all the other retailers. This is out of the question! Mr. Lee says that the quality of the air in my mall causes him problems. I don’t believe it because I already had the air quality verified by a specialist three years ago. My air ducts are impeccably clean!

My lawyer has been with me for the entire case. She always took care to explain the different possible options and has kept me up to date on how the case was progressing. I admire her ability to stay calm. For myself, I was so furious about Mr. Lee’s refusal to pay that I was ready to send a bailiff to seize his goods. My lawyer explained to me that it didn’t work that way – it was necessary to do things correctly and in an orderly fashion. First of all, it would be good to try to reach a settlement in the suit. Then, if that doesn’t work, we can think about going to court. My lawyer’s adivce is always well thought-out and I have confidence in her. In the end though, I am still the one who has to make the decisions.

I am the first to testify. My lawyer will ask me some questions and then it will be the other party’s turn to examine me. Though testifying makes me a little nervous, I have to say that my lawyer prepared me well. It is important to prepare well. We’re not allowed to refer to notes while testifying, unless the notes were taken while the events in question were happening. She told me to always tell the truth, to listen carefully to the questions and to stay calm. She also let me know what kinds of questions I was likely to have to answer and told me that the lawyer for the other side could ask me “leading” questions to try to influence my answers. When I finish telling my version of the facts, it will be Mr. Lee’s turn to tell his side. Then the judge will have to decide.

With all this preparation, how can we lose?

All I have to do now is hope for the best!

P.S.: I should have brought my good-luck charm…
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