Gauthier c. Canadian Model and Talent Convention 2016 QCCQ 10376 COURT OF QUÉBEC Small Claims Division CANADA PROVINCE OF QUÉBEC DISTRICT OF GATINEAU TOWN OF GATINEAU Civil Division No: 550-32-023299-164 DATE: April 15, 2016 ______________________________________________________________________ BY THE HONOURABLE SERGE LAURIN ______________________________________________________________________ Nathalie Gauthier Plaintiff v.

Canadian Model and Talent Convention Defendent ______________________________________________________________________ JUDGMENT On dismissal of claim ______________________________________________________________________ [ 1 ] The defendant presents a demand for dismissal of the demand because the plaintiff contracted with an Ontario based corporation. [ 2 ] To decide on the defendant's request for dismissal, the Court has to take the facts alleged in the plaintiff's as proven facts. [ 3 ] According to paragraph 1 of the plaintiff's demand, it's the Consumer Protection Act [1] that applies to this case. [ 4 ] Also, the Court has to take into consideration the rules of the Civil code of Québec [2] concerning the conflict of law, more particularly, sections 3114 , 3117 , 3127 and 3128 .

Furthermore, the Court relies on

section 43 or the C ode of civil procedures [3] which states that the court having jurisdiction is the court of the domicile or residence of the consumer . [ 5 ] The facts that appear in the plaintiff's demand demonstrate that she was entitled to take legal action in this jurisdiction and that the Consumer Protection Act applies. FOR THOSE GROUNDS, THE COURT: [ 6 ] REJECTS the defendant's demand for dismissal. __________________________________ SERGE LAURIN, JCQ