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Piscines Memphré inc. v. Volets Protect inc.

Executive Summary: Key Legal and Evidentiary Issues

  • A second medical adjournment request from the defendant's representative is the central issue in this ruling.
     
  • Volets Protect inc. submitted a medical note dated July 27, 2026, stating its representative could not attend the scheduled August 27, 2026 hearing.
     
  • Piscines Memphré inc. opposed the request for adjournment.
     
  • Judge Geneviève Chamberland accepted the medical grounds as serious and legitimate.
     
  • No urgent circumstances existed that required the matter to proceed immediately, per the court.
     
  • Costs were not awarded against either party.
     


Facts of the case

Piscines Memphré inc. filed a small claims action against Volets Protect inc. in the Court of Québec, District of Saint-François, Sherbrooke locality (Court File No. 450-32-702802-240). A notice of hearing sent on June 1, 2026 set the matter down for August 27, 2026. On August 19, 2026, the representative for Volets Protect inc. requested that the hearing be adjourned, submitting a medical note dated July 27, 2026 indicating he was unable to appear in court on the scheduled date. The court noted this was the second time this representative had sought an adjournment on medical grounds. Piscines Memphré inc.'s representative opposed the request.

Policy and legislative provisions at issue

This ruling does not engage any contractual clauses, insurance policy terms, or specific legislative provisions. The judgment addresses only the procedural question of whether the scheduled hearing should be adjourned.

Reasoning and analysis

The court accepted the medical note as establishing serious and legitimate grounds for the adjournment, despite this being a repeat request from the same representative. Judge Chamberland acknowledged that granting the adjournment would cause some inconvenience to Piscines Memphré inc., but found no urgent circumstances that demanded an immediate hearing of the matter.

Ruling and overall outcome

The court granted Volets Protect inc.'s request to adjourn the August 27, 2026 hearing. The ruling was made without costs to either party, leaving the underlying small claims dispute between Piscines Memphré inc. and Volets Protect inc. to be heard at a later date.

Piscines Memphré inc.
Law Firm / Organization
Not specified
Volets Protect inc.
Law Firm / Organization
Not specified
Court of Quebec
450-32-702802-240
Civil litigation
Not specified/Unspecified
Defendant