Ontario Civil


Appeal

PROCEDURE

Self-represented person

entered into agreement

without benefit of interpreter

Action was brought in Small Claims Court. Appellant did not have representation and required interpreter. Appellant entered into settlement agreement. Appellant wished to resile from settlement agreement and have it set aside on basis appellant did not understand what she was agreeing to and she was tricked into signing agreement. Appellant was no longer represented. Appellant was attempting to retain counsel, had personal health issues, and was primary caretaker of elderly mother. Appellant faced criminal trial matter and was still attempting to secure representation for it. Appellant brought motion for extension of time to serve, file and perfect appeal. Motion granted. Appellant’s explanation for her portion of delay was reasonable and justified. Appellant’s situation was unique especially given language barrier. Self-represented person who entered into agreement without benefit of interpreter, when one was needed was at least prima facie serious consideration.

Tran v. Schwartz (Mar. 17, 2014, Ont. S.C.J., K.P. Wright J., File No. DC 12/507) 238 A.C.W.S. (3d) 291.

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