2012 QCCQ 7838, 2012 QCCQ 7838

Zdjelaric c. Senderak 2012 QCCQ 7838 COURT OF QUEBEC Small Claims Division CANADA PROVINCE OF QUEBEC DISTRICT OF MONTREAL Civil Division No: 500-32-124879-109 DATE: October 9 th , 2012 ______________________________________________________________________ BY THE HONOURABLE DANIEL DORTÉLUS, J.C.Q. ______________________________________________________________________ PETER ZDJELARIC, Plaintiff v.

MIHALO SENDERAK, Defendant ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] Whereas that Plaintiff's claim was directed against Mihalo Senderak; [ 2 ] Whereas that a judgment was rendered by default on December 6 th , 2011 against Mihalo Senderak; [ 3 ] Whereas that on April 16 th , 2012 a judgment was rendered dismissing a demand for revocation of judgment filed by Michael Senderak who is the son of defendant Mihalo Senderak; [ 4 ] Considering that the judgment for which Michael Senderak is seeking the revocation was not rendered against him but against his father; [ 5 ] The Court concludes that demand of revocation of judgment presented is not receivable since Michal Senderak is not a designated party in this case; [ 6 ] If he would have established he has standing, the reason he invokes for revocation of judgment are not sufficient to establish that he was enable to attend the hearing; [ 7 ] FOR THESE REASONS THE COURT: [ 8 ] DISMISSES the demand for revocation of judgment; [ 9 ] CONDEMNS Michael Zenderak to pay to the plaintiff the taxable costs. __________________________________ DANIEL DORTÉLUS, J.C.Q.

Date of hearing: October 9 th , 2012