2015 QCCQ 9369, 2015 QCCQ 9369
Opinion
Codav/Forset Import-export inc. c. 6992544 Canada Corporation (Plato) 2015 QCCQ 9369 CANADA COURT OF QUEBEC PROVINCE OF QUEBEC (CIVIL DIVISION) DISTRICT OF MONTREAL No.: 500-22-220421-153 DATE: October 1, 2015 BY: The Honourable Yves Hamel, j.c.q. CODAV/FORSET IMPORT-EXPORT INC.
Plaintiff -vs- 6992544 CANADA CORPORATION (doing business under the trade-name "PLATO") -and- RALPH NASSIF Defendants Solidarily J U D G M E N T [ 1 ] CONSIDERING that Plaintiff is claiming from Defendants solidarily the sum of $15,566.88 with respect to the arrears owing, together with legal interest and additional indemnity from March 4 th , 2015, the date of service of the letter of demand, P-5; [ 2 ] CONSIDERING that Plaintiff is claiming from Defendants solidarily the sum of $15,349.62 with respect to Defendants' orders of garments for the spring/summer 2015 season which are available for delivery upon payment, together with legal interest and additional indemnity from March 4 th , 2015, the date of service of the letter of demand, P-5;
[ 3 ] CONSIDERING the representation of the attorneys for Defendants to the Court that they have no mandate from Defendants to contest Plaintiff’s action; [ 4 ] CONSIDERING that Defendants do not intend to contest Plaintiff’s action; [ 5 ] CONSIDERING the Affidavit for Judgment of David R’bibo dated September 25, 2015 and exhibits P-1 to P-5 in support thereof; [ 6 ] CONSIDERING the absence of proof from the Defendants surrounding the circumstances of the signature of the personal guarantee; [ 7 ] CONSIDERING that Plaintiff has proven the essential allegations of its demand; FOR THESE REASONS, THIS HONOURABLE COURT: [ 8 ] CONDEMNS Defendants solidarily to pay to Plaintiff the sum of $30,916.50 , together with legal interest and additional indemnity from March 4 th , 2015, the date of service of the letter of demand, P-5; [ 9 ] THE WHOLE with costs against Defendants solidarily. _________________________________ YVES HAMEL, j.c.q.
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