Executive Summary: Key Legal and Evidentiary Issues

• The court addressed whether the last-minute withdrawal from a scheduled settlement conference by the defendant constituted a significant procedural breach.

• Consideration was given to the adequacy of notice and communication between parties regarding the cancellation of the conference.

• The necessity for new facts or sufficient justification to withdraw from a mutually agreed settlement process was evaluated.

• The court examined the proportionality and cooperation obligations of parties under the Code of Civil Procedure.

• The plaintiff’s entitlement to compensation for legal fees incurred due to the aborted settlement process was assessed.

• The reasonableness and calculation of the amount claimed as compensation for extrajudicial legal fees were scrutinized.

Facts and outcome of the case

Background and parties

Rochelle Einboden filed a claim against Kirk Finken and Natalie Fraser in relation to the purchase of a property in Luskville, Quebec. Einboden alleged that the property was affected by latent defects and that she was also a victim of fraud by Finken. The total amount claimed was $62,709.87. Finken responded to the claim, while Fraser did not participate in the proceedings.

Procedural history and settlement conference

Following initial exchanges between the parties' lawyers, both sides agreed to participate in a settlement conference (Conférence de règlement à l’amiable, CRA), which was scheduled for August 20, 2025. The court confirmed that no further procedural steps were needed before the conference, and both parties indicated their availability. However, shortly before the scheduled date, Finken’s lawyer communicated that the defendant would not participate, citing missing documentation and a perceived lack of willingness to compromise from the plaintiff.

Court’s analysis of the withdrawal

The court examined whether Finken’s last-minute withdrawal from the CRA constituted a significant breach of the procedural rules. It found that Finken had not raised any new or sufficient reasons to justify the withdrawal, nor had he requested additional documentation or procedural steps in a timely manner. The court emphasized that once parties agree to a settlement conference, they cannot unilaterally withdraw without proper justification, especially at the last minute.

Outcome and award

The court concluded that Finken’s conduct amounted to a significant breach of procedure, causing unnecessary legal expenses for Einboden. As a result, the court partially granted Einboden’s request, ordering Finken to pay $1,750 as compensation for extrajudicial legal fees incurred due to the aborted settlement conference. The court also awarded court costs to Einboden.