Core Issues:
- Request for Modification: The plaintiff sought to amend their statement of claim, specifically paragraphs 24.3 and 34, to modify the legal position regarding responsibility for payments to Hydraulique J.L. Inc.
- Judicial Admission: The intervenor opposed the modification, arguing it would retract a prior judicial admission without proof of factual error, contrary to Article 2852 of the Civil Code of Québec (C.C.Q.).
- Additional Interrogatories: Authorization was requested for additional oral examinations due to the technical complexity and multi-party relationships.
Key Findings:
- The plaintiff's original statement admitted indebtedness to Hydraulique J.L. Inc. ($50,264.74). The amendment sought to argue no such debt existed, shifting responsibility solely to the defendant.
- The court deemed the original admission binding unless proven to result from a factual error, which the plaintiff failed to establish.
Decision:
- Request to Modify: Denied regarding paragraphs 24.3 and 34.
- Oral Interrogatories: Granted authorization for two oral examinations per party due to technical and legal complexity.
- Next Steps: Management hearing scheduled for November 18, 2024, with all parties consenting to future settlement discussions.
- Costs: No costs awarded.
Legal Framework:
- Articles 2850 and 2852 C.C.Q.: Judicial admissions are binding unless proven to result from factual errors.
- Article 539 Code of Civil Procedure (C.p.c.): Addresses procedural requirements for interrogatories.
Total Monetary Award: None explicitly ordered in this judgment.
Costs: No costs were awarded ("SANS FRAIS de justice").
