Friday, July 31, 2009

Presence includes linguistic presence

Being present at a court hearing means more than just physical presence. The party must understand what is happening and so a failure to comprehend the language of the hearing renders the party "not present".

Depending on other issues that may make the hearing void or voidable.

Thus the Court of Appeal today notes in United States of America  v. Mendez, 2009 ONCA 601:

Presence includes linguistic presence.
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

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