Defendant

I am the defendant in a case of hidden defect following the sale of my house. During his visit to the property and after taking possession, the buyer declared himself satisfied. But the following spring, when the snow melted, the basement flooded. I had the house built seven years ago and this was the first time this had ever happened. The buyer was furious, and blames me for the mess. To buy myself some peace, I offered to pay him a bit of money, but it was impossible to agree on an amount. After that, I simply ignored his notice of default, as I figured I was not responsible.

Then, one day, a bailiff knocked on my door to give me a court document from the buyer’s lawyer claiming that I was responsible for $72,000 in damages. Since this was the first time that I had been involved in a civil action, I felt pretty helpless. On the last page of the document there was a notice indicating that if I failed to appear within 10 days, a default judgment could be rendered against me. I said to myself, “I have to find a lawyer right away!”

I haven’t regretted hiring a lawyer for even a moment. I’m not dealing with a small claims court case, where parties are not represented by lawyers and where the rules of civil procedure are kept to a minimum. And I’m being pursued for $72,000; that’s a lot of money! It was out of the question that I run the risk of losing my case because I didn’t know my rights or wasn’t familiar with the formal procedures.

Two days after receiving the court document, I found myself in the office of an experienced lawyer. He suggested that we submit an appearance document to the court and, later, a written defence explaining why I wasn’t responsible for the damage caused to the house. Also, he told me he would try to avoid a trial by negotiating with the other party. Finally, after agreeing with him on the payment of his fees, I left his office feeling that an enormous weight had been lifted off my shoulders.

Unfortunately, the two lawyers were not able to agree on an out-of-court settlement. A trial was therefore the only way to settle the matter; the idea of being in a court in front of a judge terrified me. In some ways, I can understand where the plaintiff is coming from; I might have pursued my seller in similar circumstances. But that doesn’t mean that he’s right! It will be up to the judge to resolve everything impartially by applying the law.

With the trial fast approaching, my lawyer explained how everything would proceed and went over my testimony with me. The trial date finally arrived. At the entrance to the courtroom, I crossed paths with the plaintiff and greeted him courteously. The tension was palpable. At the beginning of the trial, the judge asked the witnesses to stay outside the room until they were called. This was so as to avoid each witness’s testimony being influenced by what the others said. The parties, lawyers and expert witnesses were allowed to stay.

The most difficult part of the trial for me was when I was cross-examined by the plaintiff’s lawyer. His tone was aggressive and he seemed to be suggesting that I had made mistakes in my testimony. I succeeded in keeping my cool by remembering my lawyer’s advice: “Realize that he’s only doing his job. Don’t get pulled into his game. Stay calm.” I tried to figure out which way the judge was leaning, but I couldn’t tell. I will find out in a few weeks when my lawyer calls me to let me know he has received the written decision. I hope the wait won’t be too long. I am keeping my fingers crossed that the judgment will be in my favour.

There you have it: now you know a little more about what it’s like to be pursued in a civil action. During the trial, besides my testimony, my participation was limited to assisting my lawyer. I am convinced that this assistance was nonetheless very helpful; after all, we were a team!