The Court of Appeal on Tuesday heard the positions of the lawyers of Jérémy Gabriel’s mother and Mike Ward in connection with the appeal against the dismissal in the first instance of the $85,000 civil lawsuit filed by Sylvie Gabriel against the comedian.
• Also read: [VIDÉOS] Jérémy Gabriel ends the saga in which he competed against Mike Ward for 13 years
The mother of the man who became known as “little Jérémy” was initially awarded compensation in an initial appeal by the Human Rights Tribunal before being rejected by the Court of Appeal and then the Supreme Court. She believes it is within her rights to sue Mike Ward civilly for $84,600.
However, the comedian clan is of the opinion that the plaintiff’s appeal is time-barred and therefore cannot be heard.
Divergent positions
Sylvie Gabriel’s lawyer stressed to the Court of Appeal judges that they believed the Supreme Court’s conclusions had given Ms Gabriel “quasi-party” status in her son’s case. The statute of limitations for lodging further legal remedies should therefore have been suspended.
According to Me Stéphane Harvey, such a calculation would allow the statute of limitations to be respected.
“It was the Supreme Court that spoke of alternative remedies, namely defamation. We saw the opportunity to appeal there and we still believe we had the opportunity to make that appeal,” Mr Harvey argued.
Mike Ward’s lawyer, on the other hand, argues that Jérémy Gabriel’s mother is “expanding the powers of the various courts by artificial means.”
Photo Chantal Poirier
“She always comes back and says, ‘Give me another chance.’ “It is not a question of chance, it is a question of law,” emphasized Me Julius Gray. “When a cause is prescribed, it is prescribed.”
Carry on alone
Sylvie Gabriel has now continued her battle against Mike Ward alone since her son Jérémy announced last May that he was dropping the $288,000 civil lawsuit he had filed against the comedian.
“I don’t want to get into a confrontation with Mike Ward anymore. “I want to continue,” the 26-year-old explained, adding that there was “nothing constructive left” about continuing the proceedings.
Screenshot, The Firm, YouTube
The three judges of the appeal court have accepted the case for consideration and will make their decision at a later date. If they reject Sylvie Gabriel’s appeal, the decision could end a legal dispute that has dragged on for around ten years.
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