Background:

• Claim: Boucher sued Clôture Provinciale for ~$30,000, alleging improper installation of two fences and an unjustified construction lien.

Key Issues & Rulings:

1. Oral Examination Request:

   • Boucher wanted to orally examine Clôture’s representative, Francis Bérubé, claiming his written responses were evasive and false.
   • The court denied this request, stating:
     • Oral examinations are generally not allowed for claims under $50,000 unless justified.
     • Boucher will have the opportunity to challenge Bérubé’s statements at trial.
     • The written responses were legally sufficient, and evasive answers do not justify a new examination.

2. Referral to Criminal Court:

   • Boucher requested that the written interrogatory be sent to the criminal chamber for perjury accusations.
   • The court dismissed this, stating:
     • It lacks the authority to determine perjury within this civil case.
     • Boucher had already approached the police regarding this matter.

3. Abusive Procedure:

   • Clôture argued that Boucher’s procedural request was abusive.
   • The court agreed, stating:
     • The motion was legally unfounded.
     • Even self-represented litigants must follow procedural rules.
     • Filing baseless motions can be considered an abuse of process.

Outcome:

• Boucher’s request was dismissed.
• The motion was declared abusive.
• Boucher was ordered to reimburse Clôture’s legal fees related to the motion. No amount specified.
• If no agreement is reached on legal costs, Clôture can prove them at a pre-trial conference.
• The court suspended procedural deadlines until February 27, 2025, to allow for settlement discussions.