Ward-Gabriel saga: another “small” victory for Jérémy Gabriel

Ward-Gabriel saga: another “small” victory for Jérémy Gabriel

UPDATE DAY

The Court of Appeal considers that a debate on the prescription in the Gabriel-Ward case is necessary to determine whether the mother of Jérémy Gabriel has the right to sue, like her son, the comedian in damages.  

The legal battle between Jérémy Gabriel and Mike Ward continues to sink into a maze of procedures. 

Let us first recall that the highest court in the country had dismissed Jérémy Gabriel, arguing that he had used the wrong vehicle, discrimination, to bring a lawsuit against the comedian when it was more of a defamation case. 

Jérémy Gabriel had taken the Supreme Court at its word and responded by filing a lawsuit for $288,000 in damages. 

Jérémy's mother also claiming damages for $84 600.  

However, Judge Manon Gaudreault had refused the mother's lawsuit, judging that the deadlines had expired. The mother had also sued Ward before the Human Rights Tribunal, but this case had been pushed aside while Jérémy's case went to the highest court in Canada, hence the argument of the limitation period in this case. .  

The lawyer for the Gabriels, Me Stéphane Harvey, therefore approached the Court of Appeal to deal with the issue of prescription. 

Two appearances in the Court of Appeal < /strong>

A first rapid debate before the Court of Appeal for a motion to dismiss the appeal filed by Ward's lawyers was therefore made so that this debate on the limitation period be dismissed quickly, at its very face. 

However, three judges of the Court of Appeal decided otherwise. 

Rather, they felt that a substantive debate should be held. “We are of the opinion that the appeal should be allowed to continue”, decided the three judges in a judgment made on the bench which is not further motivated.  

Me Harvey concedes that this is a “small victory”, but recalls that if the judges had accepted this request, the whole case would have come to an end. “It could have ended there”, explains the lawyer.  

“The appeal deserves to continue on the merits”, explains the lawyer. 

A second passage to hear the arguments of both parties on the issue of prescription will therefore have to take place in the coming weeks.   

Meanwhile, Jérémy Gabriel's $288,000 lawsuit is suspended before the Superior Court, until this whole debate is resolved. understood.  

Recall that this saga dates back more than 10 years when the comedian made a joke about “little Jérémy”, a child singer with Treacher Collins syndrome.